' ZAFAR IQBAL CHAUDHRY, J.-- Through this petition under section 497, Cr.P.C. Imran petitioner seeks post-arrest bail in case F.I.R. No,94 dated 3-11-2007 registered under sections 302/324/34, P.P.C. At Police Station Umar Kot District Rajanpur on the statement of Peeral.
2. The brief allegation in the F.I.R. Is that on 3-11-2007 the deceased Bachu along with Mushtaq Mehr and Khawand Bakhsh were working in their field. Aziz Pathan sent his tractor to plough on the disputed land and Bachu restrained Aziz Pathan. At about 9-30 a.m. On hearing sound of fire, the complainant along with Saju, Muhammad Hussain and Fareed Bakhsh reached at the spot and saw the occurrence. Aziz Pathan armed with rifle .7 MM, Hafeez armed with pistol, Imran armed with Churra and Habib armed with rifle were also standing at the spot. Aziz fired with rifle at Khawand Bakhsh which hit on his left side of the chest who fell down on the ground. Imran gave blow with Churra to Bachu deceased on his right arm. Aziz, Hafeez and Habeeb fried with their firearms at Khawand Bakhsh, Mushtaq and Bachu who also fell down on the ground. The people attracted at the spot and saw the occurrence. Khawand Bakhsh died at the spot while Mushtaq and Bachu were badly wounded.
3. The motive behind the occurrence was alleged that Aziz wanted to plough on the disputed land and Bachu stopped him to do so. Aziz etc. In furtherance of their common intention murdered Khawand Bakhsh and injured Mushtaq and Bachu. Both of them also died later on.
4. Learned counsel for the petitioner submits that the petitioner has been involved falsely in this case on account of mala fide of the complainant as according to the F.I.R. He was alleged to have caused injury with Churra to Bachu deceased but this version of the complainant as well as the eye-witnesses is belied by the medical evidence because no sharp edged injury was found on the person of Bachu deceased according to the post-mortem report; that the petitioner is in the judicial lock-up since 14-11-2007 and is not required for the purpose of investigation, who may be released on bail.
5. Learned D.P.G. On the other hand opposes this petition and submits that it was day light occurrence and three persons were done to death whereas the contention raised by the learned counsel for the petitioner requires deeper appreciation of evidence which is not allowed at bail stage.
6. Heard. Record perused. Perusal of the record shows that the petitioner has been ascribed specific role of causing injury to Bachu deceased with Churra but according to the post-mortem report no such injury was found by the doctor on the person of Bachu deceased. The petitioner is in the judicial lock-up for the last about one A year. The case of the petitioner falls within the purview of further inquiry and it is settled law that benefit of doubt at any stage has to go to the accused.
Mere heinousness of the offence is not a ground to keep the petitioner in jail for indefinite period, but the Courts have to act in the light of the evidence only. Hence this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.