1. ' Petitioner Alhamad Abbas alias Hamdi Shah through the instant petition has sought .Post-arrest bail in case F.I.R. No.63, dated 18-1-2004 under section 302 read with Section, 34, P.P.C. Registered with Police Station Jaranwala, District Faisalabad.
2. Briefly the prosecution. Case as per the F.I.R. Is that on 15-1-2004 at about 6:00 p.m. Iftikhar Hussain Shah, Intesar Hussain Shah and Hamdi, in furtherance of their common intention have committed the Qatl-e-Amd of deceased Abdul Jabbar, the son of the complainant, on the lalkara of Iftikhar Hussain Shah accused, Intesar Hussain Shah had held him in clasp and Hamdi gave him fist blows and kicks, as a result whereof he died on 18-1-2004 at about 7-00 p.m. It was on account of a petty quarrel between Hamdi and the deceased.
2. ' It has been contended on behalf of the petitioner that he has falsely been roped in; that it was a sudden flare-up and no premeditation in the same; that the deceased was suffering from Anti HCV Positive and so he had met with a natural death as opined by the doctor; that it has also been formed during the investigation that there existed no enmity between him and the deceased and his father Iftikhar Hussain Shah and uncle Intesar Hussain Shah were innocent; that in these circumstances, he has been left to the mercy of the Court; and that he is a young boy and not a previous convict.
3. ' On the other hand the learned counsel for the State has opposed the petition on the ground that he is named in the F.I.R. That he has given fist blows and kicks to the deceased resulting into his death.
4. ' I have carefully considered the submissions made from both the parties with the help of available record.
5. He allegedly had caused fist blows and kicks to the deceased resulting into his death.
6. ' According to the opinion dated 28-2-2004 of the Medical Officer, Tehsil Headquarter Hospital, Jaranwala, the deceased was suffering from Anti HCV Positive and he had died of the same. He has clearly opined that his death was natural.
7. ' The police record also shows that his aforesaid father and uncle have been found innocent during the investigation. It was also found during the same that there existed no enmity between the parties and the occurrence was a sudden flare-up. He, however, was left to the mercy of the Court.
8. ' Anyway, due to the apparent non-support of (he medical evidence to allegation against the petitioner in the F.I.R.. And the above opinion of the police in the investigation and leaving him to the mercy of the Court, it is yet to be seen that if he ultimately can be held liable for the murder of the deceased.
9. ' His case, therefore, calls for further inquiry into his guilt. The same, therefore is covered under subsection (2) of section 497, Cr. P. C .
10. ' Though he has been arrested about three months back but it is needless to mention here that when case of an accused may be found fit for bail, then such relief is to be extended as a matter of right and not grace and he cannot be detained for a moment even unnecessarily.
11. ' He is stated to be a young boy and previous non-convict, which has not been controverted by the State's side.
12. In these circumstances, I find him entitled to bail, The Petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
13. ' It is here made clear that any observation made above shall not influence mind of the learned Trial Court in any manner.