' IJAZ AHMED 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,329 dated 21-6-2009 registered under sections 302, 148, 109 P.P.C. At Police Station Jalal Pur Bhatian, Distt. Hafizabad on the statement of Muhammad Munir complainant.
2. Precise allegations against the petitioner as per contents of the F.I.R. Are that on 20/21-6-2009 the accused nominated in the F.I.R. While armed with fire-arm weapons committed qalt-e-amd of his brother namely Muhammad Nazir by making firing. It is further alleged that the instant occurrence had taken place on the abetment of Muhammad Mansab and Zafar. The motive behind the occurrence was that deceased had refused to exonerate the accused of case F.I.R.
No,121 of 2009 under sections 392, 324, P.P.C. Police Station Pindi Bhattian, District Hafizabad, which was got registered on the instance of deceased.
3. Learned counsel for the petitioner contends that Sami Ullah and Muhammad Ijaz co-accused were involved immediately after the occurrence, who were alleged to have been seen near the place of occurrence by the witnesses while running away; that the petitioner was declared innocent on the statements of complainant and other witnesses, who have exonerated the present petitioner; that supplementary statement was recorded on 3-9-2009 in which he introduced another story according to which the widow of the deceased namely Mst. Bashiran Bibi and other were alleged to have participated in the occurrence, while excluding the petitioner; that the parents of the deceased also exonerated the petitioner and got recorded their statements before the learned trial Court along with the complainant; that case against the petitioner is doubtful; that medical evidence does not support the prosecution version; that pistol was allegedly recovered from the petitioner, but MLC reveals that injury on the person of the deceased has been declared to be caused with .12 bore gun; that motive part has also been chanted by the complainant; and that the petitioner may be released on bail.
4. On the other hand learned Deputy Prosecutor-General has opposed the petition on the ground that the petitioner is named in the F .I.R; that the Investigating Officer has found the petitioner guilty of the offence; that recovery of pistol was effected; that the affidavits are of no avail for the purpose of grant of bail; and that the petitioner is not entitled for concession of bail.
5. I have heard the learned counsel for the parties and perused the record. There was no eye- witness of the occurrence and only allegation against the petitioner is that he had been seen along with Sami Ullah and Muhammad Ijaz near the place of occurrence. Subsequently, Muhammad Ijaz and petitioner were declared innocent and discharge report was also prepared to their extent.
Although pistol was shown to be recovered from the possession of the petitioner, but as per MLC injury caused to the deceased was declared to be inflicted with .12 bore gun. It is also evident from the record that no empty of pistol was collected by the police from the spot. Later on another statement was made by the complainant on 3-9-2009 that widow of the deceased along with other was nominated by excluding the petitioner for commission of murder of the deceased and exonerated the petitioner by executing the affidavit regarding the innocence of the petitioner. The case against the petitioner, falls within the purview of section 497(2) of Cr.P.C. 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 two sureties in the like amount each, to the satisfaction of learned trial Court.