Petitioner (Iqbal Hassan @ Bala son of Abdul Waheed) seeks post arrest bail in case F.I.R. No, 848/2006 dated 15.12.2006 offence under Sections 324, 337-D and 34 PPC registered with Police Station, Factory Area, District Faisalabad.
2. Briefly the allegation against the petitioner is that alter the occurrence he alongwith un-known accused advanced threats to complainant and P.Ws that if they came forward they would be done to death.
3. After hearing the learned counsel for the parties and going through the record, I have found that main role of causing injury to injured P.W Muhammad Saleem as per FIR is attributed to co- accused, Sarfraz Khan, whereas the petitioner has been only attributed role of threats that also after the commission of occurrence by the co-accused. So the petitioner has not played any 'effective role in the alleged occurrence. As far as the contention of learned counsel for the complainant is concerned that trial have commenced and statements of two formal P.Ws has been recorded. It is settled proposition of law that, if the case of further inquiry is made out then one cannot be kept behind the bars on the ground that trial has commenced because in a case of further inquiry, grant of bail is right bl. an accused which cannot be denied merely on the ground that trial has commenced. The petitioner as arrested in the case on 18.12.2006 and is behind the bars since last one year and four months. So he cannot be kept behind the bars as premature punishment.
4. For what has been discussed above, this petition is allowed and petitioner is granted post arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees Two Lacs only) with one surety each in the like amount to the satisfaction of the learned trial Court.