Petitioner seeks post arrest bail in case FIR No, 154 dated 19.7.2008 under Sections 302, 148, 149 PPC P.S. Ghazi Abad.
2. Allegation against the petitioners is that they along with co-accused Zakir, etc. launched attack upon Riaz deceased with fire arms.
3. It is argued by learned counsel for the petitioners that although they are named in the FIR, but no weapon of offence has been recovered from them and that even no role is attributed to them.
4. Conversely, learned State counsel assisted by learned counsel for the complainant opposed this petition by arguing that another FIR was also got lodged against the petitioner by Jehangir under Section 324 PPC for causing injuries to Mansha, Ghulam Mustafa, etc., and this is second attempt for murder of Riaz, therefore, presence of the petitioners at the scene of occurrence is established.
5. Heard. Record perused.
6. It is admitted fact that petitioners are named in the FIR but no specific injury is attributed to either of them. The medical report also shows that only one injury was sustained by Riaz deceased and said injury is attributed to Zakir co-accused. It is not controverted that no weapon was recovered from the petitioners. Enmity inter-se the parties is established from the fact that earlier also, an FIR had been lodged by Jehangir against Gul Sher and others for causing injuries to Mansha and Ghulam Mustafa. In view of the prior animosity between the parties, false involvement of the petitioners in the instant case cannot .be ruled out, especially when neither any injury is attributed to them nor any recovery has been affected from them. As such, case against the petitioner is squarely covered by Section 497(2) Cr.P.C. Furthermore, they are behind the bars for quite some long and their confinement in jail for an indefinite period without trial, would amount to punishing them before trial, which is neither the mandate nor spirit of law. Resultantly, this petition is allowed and petitioners are admitted to bail on their furnishing bail bonds in the sum of Rs, 2,00,000/- each with one surety each in the like amount to the satisfaction of learned trial Court.