Though the instant criminal miscellaneous Abdul Hameed, petitioner, who had previously applied for bail after arrest through Cr. Misc. No, 937-B-2003/BWP (Bashir Ahmad, etc. Vs. The State) in this Court, has again filed this application for grant of bail after arrest in case FIR No, 131/2003 registered with Police Station Taranda Muhammad Panah, District Rahimyar Khan under Sections 302/34/109, PPC.
2. According to the learned counsel for the petitioner, after withdrawal of the earlier bail petition, new and fresh facts have arisen, which have entitled the petitioner for the grant of bail after arrest.
As per learned counsel, Abdul Hameed, petitioner has been found innocent by a panel of three Police Inspectors of Range Crime Branch, on 11.1.2004. Discharge report for the petitioner was also submitted to the learned Judicial Magistrate but it was disagreed on 12.1.2004, so he is lying in the judicial lock up. Supporting the case of the petitioner, learned counsel has submitted that the complainant and the eye-witnesses have sworn affidavits in which they have exonerated the petitioner from the commission of alleged murder of Karim Bakhsh deceased. It has further been argued that the petitioner was not nominated in the FIR; no recovery was effected, in spite of investigation conducted by different police officers, so he was entitled for grant of post arrest bail.
3. Learned counsel appearing on behalf of the state submits that it is correct that panel of three Police Inspectors of Range Crimes Branch has declared innocent the petitioner on 11.1.2004. He has also admitted that the police file contains the affidavits of Jam Abdul Sattar, informant as well as Irshad Ahmad PW, but he has opposed the bail on the ground that the bail petition of the petitioner was earlier withdrawn and dismissed. So, the petitioner is not entitled for the grant of bail.
4. I have considered the arguments of learned counsels and have perused the record.
5. As the learned state counsel has admitted that the Pannel of police officers consisting of Muhammad Iqbal, Muhammad Suleman and Sultan Ahmad, Inspectors of Range Crimes, has declared the petitioner innocent on 11.1.2004. The police having moved for the discharge of the aforesaid accused, the production of affidavits, sworn by the informant Jam Abdul Sattar and another witness Irshad Ahmad, the fact that the petitioner was not nominated in the FIR and no recovery was effected from him, all these facts, prima facie, had made the case of the petitioner to have fallen within the domain of 'further inquiry'. As all these grounds have arisen after the disposal of the earlier bail petition, so these entitle the petitioner for the grant of bail, which is hereby granted to him subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (One hundred thousand rupees) with two sureties each in the like amount to the satisfaction of the learned trial Court.