' Through this petition Nadim Masih petitioner has sought post-arrest bail in case F.I.R. No.200 registered at Police Station Wandat Colony, Lahore on 30-7-2003 for an offence under section 302, P.P.C. Read with section 34, P.P.C. During the investigation section 337-A(i), P.P.C. Was added to the F.I.R.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged with a delay of one day. A perusal of the F.I.R.
Itself prima facie shows that the occurrence in this case was a result of a sudden flare-up at the spot starting with a verbal altercation and degenerating into causing of injuries, and, thus, an element of premeditation or pre-concert was prima facie absent in this case. It is not disputed that the .Petitioner had not caused any injury to Tariq Masih deceased and the petitioner stands saddled with the responsibility of causing one injury with a Pava to Khalid P.W. Only. Apparently the petitioner had no motive to commit the murder of Tariq Masih deceased and in the peculiar circumstances of this case the question regarding sharing of common intention by the petitioner with his co-accused as also the question regarding his vicarious liability for the offence of murder allegedly committed by his co-accused are questions which require further probe at this stage.
The injury allegedly caused by the petitioner to Khalid P.W. Attracts an offence under section 337- A(i), P.P.C. Which is bailable. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.