ORDER SH. AZMAT SAEED, J. - This order shall dispose of Crl. Misc. 2130-B of 2007 filed on behalf of petitioner Muhammad Aslam seeking post-arrest bail in case F.I.R. No. 292, dated 9.10.2006 registered with-Police Station Sahoo Ka, District Vehari for offences under Sections 302/34, P.P.C.
2. Muhammad Akram .Complainant husband of deceased disclosed in the F.I.R. That on the fateful day while they were working in the cotton field, petitioner empty handed also emerged at the scene of crime and raised Lalkara to do away with the wife of the petitioner, whereupon, Muhammad Afzaal fired from his put hitting the back of left shoulder causing her spontaneous death.
3. The main thrust of the argument of the learned counsel for the petitioner is that present case is an outcome of malice and misunderstanding. Adds that no overt act and motive has been assigned to the petitioner who was empty handed was not sharing the common intention' to kill and did not cause even a scratch to deceased. Last but not the least, learned counsel vehemently asserts that complainant who happens to be the husband of his deceased wife and the eye- witness of the occurrence, has sworn an affidavit categorically reiterating that the former has no objection for the grant of bail to the petitioner and that the latter was not present at the time and place of occurrence and this being an extenuating circumstance and a valid ground for the grant of bail to petitioner who is behind the bars for the last about a year without any progress in the trial.
4. Learned counsels for the State and complainant do not seriously object to the grant of bail on the grounds urged at the bar by the learned counsel for the petitioner.
5. Evaluating the pros and cons of the present case, I am of the considered view that provisions of further inquiry are fully attracted making out a case for interference. Therefore; I direct that petitioner shall be released on bail subject to his furnishing bail bounds in the sum of Rs. 2,0, 000/-.
(two lacs) with two sureties each in the like amount to the satisfaction of the Trial Court.