Petitioner namely Manzoor Ahmad alias Manzoora, seeks post arrest bail in case FIR No, 30/2005 dated 02.02.2005 offence under Sections 302, 324, 353, 186, 148, 149 PPC registered at Police Station leazil pur, District Rajanpur with the allegation of commission of a murder and also of cross firing upon police party.
2. Learned counsel for the petitioner in support of this petition contends that the petitioner is an innocent person and has nothing to do with the occurrence; the petitioner has been involved in this case with ulterior motive which is evident from the contents of the FIR; the petitioner is not named in the FIR and the story narrated by the local police is concocted one; during the investigation, no recovery has been affected from the petitioner; the story of the FIR is unbelievable for the simple reason that in case the petitioner was present at the place of occurrence and the deceased was murdered due to the fire of the petitioner, why petitioner left kalashnikov with dead body of the deceased; as per contents of FIR, the deceased was wanted criminal and was absconded. Further submitted that the police has wrongly involved the petitioner in this case and in the alleged police encounter, no police official was injured. Learned counsel prays that in view of the foregoing circumstances, the petitioner is entitled for the concession of grant of post arrest bail.
3. On the other hand, learned DPG opposes the bail petition on the grounds that a kalashnikov has been recovered near the dead body of the deceased but he admits that the deceased was wanted criminal; name of the petitioner has been mentioned in the FIR but headmits that the complainant came to know about the conversation between the petitioner and his associates.
4. Heard and record perused.
5. Admittedly, the deceased was hardened criminal and wanted to police. It is not understandable that the petitioner was involved in this murder, why he left kalashnikov with dead body. In view of the foregoing circumstances, the petitioner has succeeded to make out a case of further inquiry within the ambit of sub-section (2) of Section 497 Cr.P.C. Without commenting much on the merits of the case lest it prejudice the case of either party, this petition for the grant of post arrest bail is allowed. The petitioner shall be released on bail subject to furnishing bail bond in the sum of Rs, 100,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the learned trial Court.