' IJAZ AHMAD CHAUDHRY, J.---Through this petition under section 497, Cr.P.C. The petitioner has applied for post-arrest bail in case F.I.R. No,231, dated 27-8-2007 registered under sections 302, 324, 148, 149, P.P.C. At Police Station Garhi Shahu, Lahore on the statement of Muhammad Ameen complainant.
2. Brief allegation against the petitioner as per contents of the F.I.R. Is that on 27-8-2007 at about 10-30 p.m. The complainant, along with his two sons, namely, Shahid Amin (deceased) aged about 23/24 years, Arshad Hussain and Wahab Ahmad son of Shafique Ahmad, Talah Ahmad son of Hasher Ahmad was present in front of his house and they were talking in the light of bulb. In the meanwhile all of a sudden two cars stopped near them and Faisal Razaq alias Chand armed with pistol, Usman Dar armed with pistol, Hassan Dar petitioner armed with pistol, Sajid Alvi armed with pistol along with 4/5 unknown accused persons carne out of the cars and Usman Dar raised lalkara that Shahid alias Shahzad should be taught a lesson for rescuing Rahat. Then Usman Dar and Hassan Dar made straight firing due to which the son of the complainant received injuries and succumbed at the spot.
3. Learned counsel for the petitioner contends that petitioner was arrested on 24-9-2007 and according to the statement of the complainant under section 154, Cr.P.C. Faisal Razaq, Usman Dar, Hassan Dar present petitioner and Sajid Alvi while armed with pistols along with 415 unknown persons had come at the spot on cars and Usman Dar raised lalkara that Shahid alias Shahzad should be taught a lesson for rescuing Rahat and made straight firing upon the deceased, who fell down and the witnesses saved their lives by concealing themselves; that petitioner is behind the bars for the last about more than two years; that first application was moved by the petitioner vide Criminal Miscellaneous No,7153-B of 2009 which was dismissed vide order, dated 9-9-2008 and thereafter he also filed Criminal Miscellaneous No,6286-B of 2008 which was dismissed as withdrawn and in the second application a direction was issued by this Court to the learned trial Court to conclude the trial, and though final arguments were heard on 14-4-2009, but trial is now pending due to arrest of co-accused Waqas alias Vicky, who was fugitive from justice; that during the investigation Usman Dar and Hassan Dar were declared innocent while observing that they had not made firing at the deceased; that as per statement of the complainant under section 154 although Usman Dar and Hassan Dar had been attributed firing upon the deceased, but according to the postmortem examination report there was only one injury found on the person of the deceased, which too has been attributed to Usman Dar co-accused by the complainant while appearing in the trial; that Sajid Alvi was also mentioned as one of the accused and out of five empties four empties have matched with the licensed pistol of the said accused, that nothing has been recovered from the possession of the petitioner, who is entitled for the concession of bail.
4. On the other hand learned counsel for the complainant opposes the petition on the ground that this is 3rd application before this Court; that the trial has already concluded and if any finding is given by this Court, the case of complainant will be prejudiced; that both of them had fired during the incident as per statement recorded by P.W.7. In the FIR.; that the charge has been framed against the co-accused Waqas alias Vicky on 27-8-2009 and both the eye-witnesses have been examined and counsel for said accused Waqas alias Vicky is causing undue delay; that statements of four witnesses have been recorded and case can be concluded within the shortest period; that earlier application has been dismissed as case was fixed for prosecution evidence; that car had been recovered from the petitioner and superdari of the said car was never given to the petitioner side up to the level of august Supreme Court of Pakistan.
5. Learned Deputy Prosecutor-General has opposed the petition on the ground that trial was going to be concluded but only due to arrest of co-accused, who was fugitive from justice delay has occurred and it is not a fit case for the grant of bail.
6. I have heard the learned counsel for the parties and perused the record. According to the contents of the F.I.R. Which was got recorded by Muhammad Ameen father of deceased Shahid alias Shahzad, Usman and Hassan Dar petitioner along with Faisal Razzaq and Sajid Alvi as well as 4/5 unknown persons while armed with pistols emerged at the spot and fired at the deceased, but according to the postmortem examination report only one fire-arm injury was found on the body of the deceased. Even otherwise, both the eye-witnesses have categorically attributed the said injury to Usman Dar during(sic). The petitioner is behind the bars since 14-9-2007. Learned trial Court has reported that the delay is not attributable to the petitioner. Now the petitioner is confined in jail and it has been observed by learned trial Court that the accused including the petitioner whose case was concluded and arguments were heard, need not to be produced in the trial Court and A trial of the co-accused Waqas alias Vicky has started. In such facts and circumstances, there is no likelihood of conclusion of trial in near future and speedy trial is right of the accused.
Even otherwise the case to the extent of the petitioner has become one of further inquiry, who cannot be kept behind the bars for indefinite period. Hence, this petition is accepted and 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 Deputy Registrar (Judl) of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.