Petitioner seeks post arrest bail in case FIR No, 207 dated 28.4.2007 under Sections 302, 324, 337- F(iii), 148, 149 PPC P.S Harrapa.
2. I have considered the respective arguments of learned counsel for the parties and have also gone through the record with their assistance.
3. It is admitted fact that the sole allegation against the petitioner is that of having inflicting a simple fire-arm injury on Mst. Bakhat Mai, injured and no other injury either to the deceased or any other person is attributed to the petitioner. There is also no repetition of the fire, therefore, sharing common intention in the commission of the offence is a question which will be determined after trial. Apart from that the version set in the FIR has also been deviated by the complainant in a private complaint got lodged by him, and as to which one is true, also makes the case against the petitioner open to further inquiry. In all twenty three persons were accused in the FIR and bulk of them have been declared innocent during investigation, several of them have been admitted to bail by this Court as well as by the learned trial Court. The petitioner is behind the bras for quite some time with no substantial progress in the trial. In the above situation, further detention of the petitioner in jail will not serve any useful purpose to the prosecution. In the above situation, case against the petitioner has become one of further inquiry. Resultantly, this bail application is allowed and petitioner is admitted to post arrest bail on his furnishing bail bond in the sum of Rs, 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of learned trial Court.
4. Needless to add that whatever has been observed above is purely tentative in nature and shall not influence the learned trial Court while finally deciding the trial of the case.