Mian Muhammad son of Majhi and Atta Muhammad son of Mian Muhammad, petitioners seeks post arrest bail in case FIR No, 212/2008 dated 15.9.2008 offences under Section 324/34 PPC (later on added Sections 302/337-A(ii) PPC registered at Police Station Jalla Arain, District Lodhran.
2. It is inter-alia contended that petitioner Mian Muhammad is aged 75 years; that petitioners are not attributed any injury to the deceased; that Ata Muhammad petitioner is not even assigned any active role; that injuries suffered by the petitioners, alongwith Khan Muhammad were suppressed by the complainant party as well as the police; that the injured was taken to the Hospital for medial examination by the police itself, it was incumbent upon the police to have mentioned all these injuries in the relevant diary; that only sole role of Lalkara has been attributed Mian Muhammad petitioner: that both of them are behind the bars since 15.9.2008 that petitioner poor people, tenant; of the locality, whereas the complainant party being influential persons neither any criminal case at the instance of the petitioners nor even a cross-version was recorded on their instance; that they had filed a private complaint which is pending in the Court of learned Judicial Magistrate Dunyapur District Lodhran; that petitioners case calls for further inquiry in view of role assigned to them and the age of Petitioner No 1, they are entitled to the grant of post arrest bail.
3. Conversely, learned DPG with vehemence opposes the submissions made at bar by learned counsel for the petitioners and submits that both the petitioners have been named in the FIR; that Ata Muhammad petitioner was armed with gun and Mian Muhammad petitioner was empty handed; that both the accused persons by sharing common intention are vicariously liable. Mian Muhammad petitioner raised lalkara and did play active and leading role; that no doubt Ata Muhammad did not fire any shot but the other co-accused made fire shot from their respective weapons resulting into death of the deceased; that both the petitioners have been found guilty during the Court of investigation; that challan of the case has already been submitted in the Court on 22.11.2008; that since challan has been submitted therefore at this stage any observation made by this Court may not prejudice the case of the prosecution and this prays that this petitioner may be dismissed.
4. Arguments heard. Record perused.
5. The petitioners are behind the bars since 15.9.2008. The role attributed to Mian Muhammad petitioner is that of raising lalkara whereas no active role has been attributed to Ata Muhammad petitioner. Admittedly even Ata Muhammad did not cause any injury either to the deceased or any of the PWs. Learned DPG has not been able to controvert the submissions made by the learned counsel for the A petitioner that petitioner Mian Muhammad is aged 75 years. The petitioners are no more required by the police for investigation purpose. No injury to the petitioner has been attributed either to the deceased or the PWs. Injuries caused to the petitioners side were suppressed by the complainant. A private complaint by the petitioners side has also been filed which is pending adjudication before learned Judicial Magistrate.
6. In view of the above I am of the considered view that petitioners case calls for further inquiry. I, therefore, allow-this petition. Both the petitioners are admitted to post arrest bail in the sum of Rs,2,00,000/-(two lac) each with one surety each in the like amount to the satisfaction of learned trial Court.
7. With these observations, this petition stands disposed of.