1. Through this petition under Section 497 Cr.P.0 petitioner seeks post arrest bail in case FIR No,302/2009 for the offences under Sections 302/109/148/149 PPC registered at Police Station Sadar Jaranwala. District Faisalabad.
2. Brief facts as penned in the FIR is that petitioner along with other co-accused in furtherance of their common intention while forming unlawful assembly launched an attack and caused injuries to Nadeem Akbar and Waqas Amir due to which they died at the spot. Hence this case.
3. Learned counsel for petitioner contends that the petitioner has been involved in this case with malafide intention because father of petitioner namely Bashir Ahmed is a witness against the brother and son of the complainant in case FIR No,569/2004 for the offences under Sections 337-Al, A2, F3, L2, H2/148/149 PPC registered at Police Station Jaranwala; medical evidence contradicts the ocular account. During the investigation petitioner has been found empty handed and no recovery has been affected from him and that both Nadeem Akbar and Waqas Amir have been died due to firing made by Riaz Ahmed co-accused of the petitioner.
4. On the other hand learned counsel for complainant assisted by learned Law Officer has vehemently opposed, the bail application on the ground that petitioner is named in the promptly lodged FIR with specific role of causing fire arm injuries to the deceased and it's a day light occurrence; that there is no previous enmity between the parties. Lastly learned counsel contends that petitioner is not entitled for any discretionary relief.
5. I have heard the arguments of learned counsel for the parties and perused the record.
6. Bare perusal of record reveals that father of petitioner namely Bashir Ahmed is a witness against the brother and son of the complainant in case FIR No,569/2004 for the offences under Sections 337.A-1, A-2, F-3, L2, H-2/148/149 PPC registered at Police Station Jaranwala District Faisalabad and the registration of present case with malafide intention against the petitioner due to the revenge that father of petitioner is pursuing the said case could not be ruled out. According to post mortem examination report Injury No, 1 is on the upper arm which is attributed to Babar Mushtaq co- accused of the petitioner while Injury No, 2 is exit wound of said Injury No, 1, so medical evidence contradicts the ocular account; during investigation no recovery has been affected from the petitioner.
7. In the above circumstances, I find it a fit case for grant of bail, accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with two sureties each in the like amount to the satisfaction of Trial Court.