2007 PLP 1733 (YLR)

IJAZ AHMAD CHAUDHRY, J.

Through this application under section 497, Cr.P.C. Imam Bakhsh and Amjad (petitioners) seek post-arrest bail in a case F.I.R. No.87 of 2006, dated 22-3-2006, registered under sections 302, 324, 427 and 148/149, P.P.C. at Police Station, Sadar, Bhakkar on the statement of Haider, the complainant.

2. Briefly the prosecution case is that on 22-3-2006 at about 7-00 p.m. the accused persons mentioned in the F.I.R. while armed with their respective fire-arms stopped the complainant party forcibly when they were returning to their house in a Vehicle Dala bearing Registration No.BUB-7010 and the accused persons had 'launched murderous assault upon the complainant party with the respective fire-arms, as a result of which Ghulam Hussain, brother of the complainant had succumbed to the injuries at the spot and the complainant and other P.Ws. were injured seriously.

3. The learned counsel for the petitioner contends that both the petitioners were empty-handed at the time of incident and they had also not participated in the occurrence; that no specific role is attributed to them; that they have been falsely implicated in the present case, who are innocent and nothing had been recovered from their possession during the investigation; that involvement of the petitioners in the present case is due to connivance of the complainant with the police with mala fide intention who are behind the bars; that the case of the petitioner falls within the ambit of section 497(2), Cr.P.C.

4. The learned counsel for the complainant has opposed this bail petition on the ground that the petitioners are named in the F.I.R. and offence falls within the ambit of prohibitory clause of section 497, Cr.P.C.

5. I have heard the arguments advanced by learned counsel for the parties and perused the record with due care and caution.

6. In the F.I.R. no role has been attributed to both the petitioners. They were admittedly empty-handed at the time of occurrence and neither they had caused any injury either to the deceased or to any P.W. Mere presence of the petitioners at the spot is not sufficient: to prima facie connect them with the commission of offence. Imam Bakhsh, petitioner No.1 is an old man of 70 years, while Amjad petitioner No.2 is about 13/14 years of age at the time of occurrence, as per police record, so he was juvenile at the time of occurrence. Whether they had shared common intention with the co-accused in the commission of crime is a question of further inquiry, which will be seen by the learned trial Court after recording the evidence. They are behind the bars and their further detention in jail will not serve any useful purpose to the prosecution. Keeping in the view role attributed to them and circumstances of the case, they have succeeded in making out a case of further inquiry and also covered by section 497(2), Cr.P.C. For the foregoing reasons, the instant bail petition is accepted and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 each with two sureties each in the like amount to the satisfaction of learned trial Court. H.B.T./I-19/L Bail granted.