' This is post-arrest bail in case F.I.R. No.80 of 2004 dated 13-3-2004 registered under sections 302/324, P.P.C. At Police Station, Sara-e-Sidhu, District, Khanewal.
2. Allegation against the present petitioner as per prosecution story is that he was seen by the complainant and P.Ws. Running out of the house of Muhammad Sharif. They tried to catch hold of him but he made good escape. Thereafter he along with other co-accused entered the house and saw that wife of his brother Mst. Kausar had been set ablaze and they hardly put the fire off. She told them that petitioner after scaling over the wall, entered the house and put her on fire by throwing oil of lamp on her.
3. Learned counsel for the petitioner submits that it is found to be a case of suicide by the police and petitioner has been found innocent by the Investigating Agency and discharge report has also been forwarded to the Court of competent jurisdiction. That there is a delay of three days in lodging the F.I.R. And that petitioner has falsely been involved in this case. Further submitted that petitioner is behind the bars for more than one year.
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 carefully perused the record. Admittedly case against the petitioner has been recommended for cancellation. One P.W. Namely Nawab had sworn affidavit that Mst. Kausar victim had committed suicide and she was not set ablaze by the petitioner. Furthermore, during the course of investigation the petitioner has been declared innocent.
6. Although police finding is not binding on the Court yet it can be considered at bail stage when they are supported by the surrounding circumstances. In the instant case, one of the eye- witnesses namely Nawab has not supported the prosecution version, so it has become a case of further enquiry. In the circumstances of the case, petitioner is allowed bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of learned trial Court.