' IJAZ AHMAD CHAUDHRY, J.--- Through this application under section 497, Cr.P.C. Aleem, petitioner seeks post-arrest bail in a case F.I.R. No,255 of 2006, dated 11-3-2006, registered under sections 392, 302, 312, P.P.C. At Police Station Lower Mall, Lahore on the statement of Muhammad Munir, the complainant.
2. The brief facts of the case are that on 11-3-2006 at about 10-30 p.m. The petitioner along with co- accused came at the place of occurrence while armed with different fire-arms and asked the complainant and others to hand over their belongings. In the meanwhile, Naveed co-accused armed with fire-arm fired at Muhammad Sarwar, brother of the complainant hitting on his chest and co-accused Salamat also fired hitting on the other side of chest of Sarwar, who fell on the ground in an injured condition and succumbed to the injuries. The petitioner along with others also made firing with their fire-arms upon the complainant party. They detained the complainant party in a separate room on gun point and then the petitioner and his co-accused took the articles and the amount mentioned in the F.I.R. And succeeded in running away from the spot.
3. The learned counsel for the petitioner has contended that identification parade had been conducted on 27-3-2007, wherein although Javed and Tajamal witnesses had identified the petitioner, but the complainant could not identify him and the objection was raised on behalf of the accused party that photographs of the accused persons had been taken on mobile at the police station for their identification; that the petitioner is not involved previously in such-like cases; that the pistol allegedly recovered from the petitioner was not used during the incident as the empties allegedly recovered from the spot did not match with it according to the report of Forensic Science Laboratory.
4. The learned Deputy Prosecutor-General for the State has opposed this bail petition on the ground that two P.Ws. Had correctly identified the petitioner as real culprit; that Rs,2,000 have been recovered from the petitioner; that the petitioner had participated in the occurrence actively and the offence falls within the ambit of prohibitory clause of section 497, Cr.P.C. Hence bail may be refused.
5. I have heard the arguments advanced by the learned counsel for the parties and perused the record with due care and caution.
6. The petitioner has not been ascribed any role except for the aerial firing with the pistol, which was allegedly recovered from the petitioner during the investigation and the same was sent to the Forensic Science Laboratory along with empties shown to have been recovered from the spot, but none of those matched with the said pistol as per report of Forensic Science Laboratory. It is also found that identification parade had been conducted on 27-3-2007 wherein objection was raised by the petitioner that he had been earlier shown to the P.Ws. And his photographs were also taken by the police during the investigation at Police Station. Only Javed and Tajammal Hussain witnesses had identified the petitioner, but the complainant could not identify him. Mere recovery of Rs,2,000 is not sufficient to prima facie connect the petitioner with the alleged crime, who is previously not involved in such- like cases. For the time being, the petitioner has succeeded in making out a case of further inquiry.
' For the foregoing reasons, the instant bail application is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court.