' MUHAMMAD ASHRAF BHATTI,J---- Naseer Ahmad, the petitioner is involved in criminal case F.I.R. No, 669 dated 30-12-2007 registered at Police Station Narang District, Sheikhupura under sections 302/324/ 148/149 P.P.0 at the instance of Zulifqar Ahmad complainant with the allegation that the present petitioner along with other co-accused forming unlawful assembly committed offence of rioting and murdered Nazir Ahmad besides injuring Shaukat Ali and Karamat Ali. Allegedly, the petitioner also caused straight firing while participating in the occurrence.
2. Learned Deputy Prosecutor General has opposed this bail .Petition.
3.Heard. Record perused.
4. According to the prosecution story firearm injuries upon the persons of Nazir Ahmad and Karamat Ali are attributed to Dabeer Ahmad, Tanveer Ahmad and Naveed Ahmad co-accused.
The role attributed to the present petitioner, who is real brother of the aforesaid co-accused, is that of ariel/ineffective firing with his pistol, which has admittedly not been recovered from him. It is also not denied that no empties were recovered from the spot despite the fact that the police arrived at the spot immediately after the report made to it just within two hours of the occurrence and so, at the most his presence at the time of occurrence may not be ruled out and that too empty handed as per the I.O. Of the case. No other incriminating evidence is also available on record to connect him with the commission of offence. Therefore his mere nomination in the F.I.R. And possibility of his presence at the time of occurrence should not come in his way to seeking concession of bail when he is already behind the bars since 4-3-2008 and is no more required by the police for further investigation. In this case statedly, B challan has only been submitted to the Court concerned and the trial has yet to commence. So, therefore, it would not be of any use to keep the petitioner behind the bars for an indefinite period.
5. In view of the above and following the dictum, laid down in Muhammad Zaman and others v. The State 1991 PCr.LJ 1514 the petitioner's case falls within the ambit of further inquiry. Resultantly, the petition in hand is accepted and the petitioner is allowed bail subject to furnishing bail bonds in the sum on Rs,1,00.000 with one surety in the like amount to the satisfaction of the learned trial Court.