Muhammad Ashfaq petitioner seeks bail in a case FIR No, 101 dated 4.8.2003 for an offence under Section 302 PPC registered at Police Station Fateh Shah District Vehari.
2. Brief facts of the case as narrated in the FIR lodged by Syed Shah Hussain complainant are that on 3.8.2003, his cousin Muzaffar Hussain Shah went to buy the things of daily use at Burewala, who never returned. On the next morning the complainant alongwith witnesses went for his search.
When they reached near a Khal of Chak No, 331-EB adjoining to the metalled read, they saw Muzaffar Hussain lying there and motor-cycle was on his legs. He also had a fire-arm wound on his chest who was murdered by some unknown person. After about one month of the registration of FIR, the complainant got recorded his supplementary statement wherein he involved the petitioner.
3. It is contended by the learned counsel for the petitioner that the petitioner is not named in the FIR, in fact it was a blind murder and the petitioner was involved through a supplementary statement of the complainant recorded after about a month's time; that the injury on the deceased person was that of Pistol while the recovery effected from the petitioner is of 12 bore gun which, by no means can correspond to the said injuries.
4. On the other hand, learned counsel for the State assisted by the learned counsel for the complainant contends that there are other five cases of theft and illegal possession of weapons registered against the petitioner at the same police station; that the petitioner had killed a man with the intention to take away his valuables as he is already involved in such type of cases; and that the trial has commenced and statements of five PWs have been recorded.
5. I have considered the arguments of the learned counsel for the parties.
6. Generally if the trial has commenced in murder cases, the matter should be left to be decided by the trial Court but if the circumstances so warrant that the person should not be detained any further and his case falls within the parameters of further inquiry, then he can be allowed bail. In the instant case, recovery prima-facie does not connect the petitioner with the crime. He is not named in the FIR. There is no allegation against him that he deprived the deceased person from any monetary or valuable thing including the motor-cycle. Keeping in view the above circumstances, the petitioner is admitted to bail subject k his furnishing bail bonds in the sum of Rs, 50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court.