Petitioner seeks post arrest bail in case FIR No, 416/2002 dated 2.11.2002 registered u/S. 302/324/148/149 PPC at Police Station, Sadar Lodhran.
2. Briefly the allegation as per prosecution story is that he on 2.11.2002 at mid night at 12 O'clock the complainant alongwith his sons Zahoor Ahmad and Manzoor Ahmad attracted towards the spot on hearing the noise of his grand son Nazir Ahmad where they in the light of lantern saw that Muhammad Sharif petitioner alongwith his un-known co-accused armed with different fire-arms was threatening said Nazir Ahmad. On his raising alarm one of the culprits fired hitting Zahoor Ahmad who died at the spot. Another accused injured Manzoor Ahmad with his fire-arm. The complainant stopped ahead who was also caused butt blow on his head Mst. Sakina also reached there she was also injured by accusaed persons. One reaching alarm, the PWs attracted towards the spot and the accused fled away.
3. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been involved in this case. That the complainant failed to produce evidence against the petitioner and ultimately the petitioner was declared innocent during the course of investigation. That the co- accused namely Bilal has been granted bail by the learned trial Court hence the petitioner is also entitled for the concession of bail.
4. On the other hand learned counsel appearing on behalf of the State has vehemently opposed the bail petition.
5. I have heard learned counsel for the parties and perused the record. Admittedly none of the accused involved in the case was identified by the PWs and the petitioner has been involved only due to suspicion. One of the injured namely Manzoor filed a private complaint regarding the same occurrence and even he did not nominate the petitioner as accused. Said complaint was dismissed whereafter complainant filed P.S.L.A. and even then petitioner was not named as accused in P.S.L.A. This fact itself is a sound ground to make petitioner's case that of further inquiry.
Accordingly this petition is allowed and the petitioner is admitted to bail in the sum of Rs, 50,000/- with two sureties each in the like amount to the satisfaction of learned trial Court.