This is an application for grant of post-arrest bail in case FIR No,20, dated 10.01.2010, registered under Sections 324, 147, 149/34 and 302 PPC, at Police Station Hazroo, District Attock.
2. The allegation against the petitioner is that on the day of occurrence the complainant along with his father and uncle was present at home. The petitioner armed with club, along with four co- accused armed with clubs and hatchets came there and the called the complainant and others.
The moment, the complainant, his uncle and father came out of the house, the said accused attacked them with their respective weapons. In result of the injuries received by father of the complainant, he died in the hospital on the next day of the occurrence.
3. It is contended by learned counsel for the petitioner that the petitioner is innocent and has falsely been involved in the instant case due to mala fide and ulterior motive of the complainant. It is further contended that the petitioner has not been attributed any of the injuries caused on the person of father of the complainant/deceased. Adds that the petitioner has been behind the bars for the last about four months. his person is no more required for the investigation purpose. The challan of the case has already been submitted before the learned trial Court and lastly prays for grant of bail to the petitioner.
3. The learned Law Officer opts to remain absent from the proceedings, however, Sheikh Kamran Shahzad, Advocate appearing on behalf of learned counsel for the complainant has vehemently opposed this petition on the ground that the petitioner has been nominated in the FIR. It is argued that all the nominated accused had acted in furtherance of the common intention and had caused injuries on the person of father of complainant, who died in the hospital. The club has been recovered from possession of the petitioner and above all the alleged offence falls within the Prohibitory Clause of Section 497 Cr.P.C. So he prays for dismissal of this bail petition.
4. I have heard learned counsel for the petitioner as well as the learned counsel appearing on behalf of learned counsel for the complainant and have also perused the record. It has been noted that the petitioner has not been attributedany injury sustained by father of the complainant/deceased. The question of vicarious liability would be determined after recording of the evidence and not at bail stage. Besides, challan of the case has been submitted before the trial Court. Person of the petitioner is no more required for the investigation purpose. In these circumstances, to keep him behind the bars for an indefinite period would not serve any useful purpose of law rather would amount to punish him without a trial. This petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs: 200,000/- (rupees two lacs) with one surety in the like amount to the satisfaction of the learned trial Court.