' RIAZ AHMED KHAN, J.---The petitioner, Junaid Khan, has sought post arrest bail in case F.I.R. No, 241, dated 9-7-2010, offence under sections 302, 411/34 of P.P.C., Police Station Industrial Area (Islamabad).
2. According to F.I.R. On 9-7-2010, the complainant Shafi-urRehman lodged the report in Police Station Industrial Area, Islamabad stating therein that on 8-7-2010 at about 11-30 p.m. He along with his deceased brother Muhammad Suleman, who was medical representative, his mother and sister went to Ameer Market for refreshment in their car Toyota Corolla Registration No, LE-848. On reaching Ameer Market, his deceased brother received a cell on his mobile phone and on attending the same, he got down from the car and said that he would come in a while. The complainant and the other companions kept on waiting, but he did not return and his cell phone also got off. Thereafter, the complainant and other family members started searching for him. On the next day i.e, 9-7-2010, the complainant came to police station 1-9 Islamabad where he was informed that a dead body was lying in E-1/8 near Commerce College and the same was shifted to P.I.M.S. Hospital, Islamabad. He reached P.I.M.S. Hospital at 10-15 a.m. And identified the dead body of his brother Muhammad Suleman. He was killed with fire-arm and accordingly the report was lodged against unknown culprits.
3. On the same day, on 9-7-2010, after recording the F.I.R., the complainant got recorded his supplementary statement wherein he alleged that while searching his deceased brother, he had tried to contact the friends of his brother namely Umer Shehzad, Muhammad Hussain Ahmed and Junaid, but none of them were available, therefore, he had doubt that probably these persons were involved in the murder. On 12-7-2010, he charged the above said three persons for the murder of his deceased brother.
4. I have heard the learned counsel for the parties and have also perused the record.
5. The petitioner has been charged on the basis of suspicion and that too after about 3 days of the occurrence. The learned counsel for the complainant contended that challan has been submitted, therefore, bail may not be granted to the petitioner, as trial could commence in near future. Mere submission of challan or even commencement of trial is no ground for refusing bail, if otherwise the accused is found entitled for concession of bail. Reference in this regard may be made to "2006 YLR 99 (Lahore)" and "PLD 2004 Supreme Court 477". In the instant case, prima facie, no case has been made out against the accused/petitioner and, therefore, the present petition for bail is accepted. The accused/ petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one Lac only) with two sureties in the like amount to the satisfaction of learned trial Court.