ORDER NAJAM-UZ-ZAMAN, J.~ Dabeer Abbas alias Pappu Shah petitioner seeks post-arrest bail in case F.I.R. No. 673/2005, dated 16.7.2005 registered under Section 302/34, PPC at Police Station, Shafiqabad, Lahore.
2. In brief the story of the prosecution as penned in the F.I.R, is that on 16.7.2005 at 6.00 a.m.
Petitioner who was armed with chhurri alongwith other co-accused who were also armed with sharp-edged weapons, in furtherance of their common intention, had committed the murder of Nazir Ahmad. Allegedly, at the relevant time petitioner and his co-accused had given beating to the deceased and co- accused of the petitioner namely Tanveer alias Mushka gave chhurri blow to Nazir in abdomen as a result of which he died later on in the hospital.
3. Petitioner was arrested on 12.8.2005 and his bail application was dismissed by the Addl. Sessions Judge, Lahore vide order dated 8.10.2005. Hence, the instant petition.
4. After hearing the learned counsel for the parties at some length and going through the record, I have observed that though petitioner is named in the F.I.R but no specific role of causing injuries to the deceased has been attributed to him and there is only a general allegation against the petitioner that he alongwith his co-accused had given beating to the deceased but on the other hand, the post-mortem report reveals that there was only one sharp edged weapon injury on the person of the deceased. I have also observed that this occurrence took place on 16.7.2005 and according to the police record deceased had died at 1.30 p.m. But the post-mortem examination of the deceased was conducted on 23.7.2005. Learned counsel for the State is not in a position to explain the delay in post-mortem examination. Admittedly, during the investigation nothing was recovered from the petitioner, the investigation to his extent is complete and he is no more required for the said purpose and further incarceration of the petitioner would not serve any purpose, In this view of the matter, the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rupees one lac with one surety in the like amount to the satisfaction of Deputy Registrar (Judl.) of this Court.