2009 PLP 941 (YLR)

RANA ZAHID MAHMOOD, J.--Post arrest bail application in case F.I.R. No.81/2008 dated 23-3-2008 under sections 302, 148 and 149, P.P.C. registered with Police Station Karampur District Vehari wherein it is alleged that petitioners in the company of co-accused while all armed with firearms committed the murder of Irshad Hussain son of the complainant apart from causing butt blows to the complainant and Mumtaz Hussain his son P.W. while Irshad Hussain deceased was fired at by Ghulam Yasin co-accused with pistol and Muhammad Ismail with .222 bore rifle due to illicit relations dispute of the accused persons with widow of a brother of the complainant and her young daughter.

2. After arrest bail application of the petitioners was dismissed by learned Addl. Sessions Judge Mailsi vide order dated 2-9-2008 hence, this petition to this court.

3. Learned counsel for the petitioners has submitted that though petitioners were allegedly armed with firearms such as rifle .222 bore and .12 bore gun yet there is no allegation against them that they have ever used the same in the occurrence of murder of Irshad Hussasn son of the complainant. Further submitted that no specific role is ascribed to the petitioners in causing injuries to the deceased or P.Ws. as complainant and his son Mumtaz Hussain were also alleged to have been given butt blows by Ghulam Yasin and Muhammad Amin co-accused, therefore, submitted that petitioners were found innocent in the police investigation from whom nothing has been recovered, therefore, case against them for their participation in the occurrence sharing common object with the co-accused is a question of further inquiry. It is also submitted that in various investigations the petitioners were found innocent and their case was recommended for discharge but learned Illaqa Magistrate did not agree with the same. It is submitted that names of the petitioners have been placed in column No.2 of the challan. Learned counsel also submitted that F.I.R is delayed by 10 hours without reasonable explanation on record, therefore, submitted that petitioners are entitled to bail who are in jail since their arrest and are no more required for investigation.

4. Learned Addl. Prosecutor General assisted by learned counsel for the complainant has opposed the bail application however, submitted that petitioners were found innocent in the police investigation and their names have been placed in column No.2 of the challan.

5. Arguments heard. Record perused. Petitioners though named in the F.I.R. while armed with .222 bore rifle and .12 bore gun yet there is no specific attribution of firearm or blunt weapon injuries on the P.Ws. or on the deceased. In successive investigations petitioners have been found innocent and their names have been placed in column No.2 of the challan. There is delay of 10 hours in registration of the F.I.R. as well. Petitioners participation in the occurrence sharing common object with the co-accused, therefore, requires further inquiry bringing the case of the petitioners in the ambit of section 497(2), Cr.P.C. It is also important to mention that nothing was recovered from the petitioners during investigation and remand. This petition is therefore, accepted and petitioners are allowed bail in the sum of Rs.100,000 (one lac) each with one surety each in the like amount to the satisfaction of learned trial Judge. N.H.Q./M-498/L Bail allowed.