Petitioner seeks his post arrest bail in case FIR 27 dated 5.02.2009, under Sections 302/452/109/34 PPC Police Station Kameer, District Sahiwal.
2. Precise allegation against the petitioner is that he along with his co-accused opened fire on the belly of complainant's son and also on the chest of Mst. Shakeela Bibi and both the injured succumbed to the injuries; hence, this case.
3. Learned counsel for the petitioner argued that petitioner has been involved on fabricated story.
Actually, complainant party took forcibly Mst. Shakeela Bibi and tried to confine her who tried to come out from the room and Yahya son of the complainant tried to caught hold her and in the meantime his companions inflicted fire upon Mst. Shakeela as well as Muhammad Yahya, ultimately both died and complainant in league with police got registered above said case but subsequently Mst. Shehnaz Bibi also got lodged a case FIR No, 47/09 under Section 302/34 PPC with the same Police Station. Mst. Shehnaz also filed a complaint under Sections 302/364/34 PPC.
Moreover, the petitioner did not involve in the murder of complainant's son; hence, he is entitled, for the concession of bail.
4. On the other hand, learned DPG assisted by learned counsel for the complainant vehemently opposed this petition and argued that petitioner is nominated in FIR. Specific role has been attributed to him. Challan has been submitted before the Court; therefore, he is not entitled for the concession of bail.
5. Heard. Record, perused.
6. Although this case has been registered on the complaint of father of the deceased in which Safarash Ali and one Riaz co-accused attributed specific injuries to Yahya and Mst. Shakeela which as per post-mortem report caused death, to both the deceased. On the other hand, Mst. Shahnaz Bibi real mother of deceased lodged another FIR No, 47/2009 in which petitioner is neither the accused nor any role has been attributed to him rather four other persons are nominated as accused and injuries are attributed to Ahmad Ali, Yahya, Zulfiqar and Abdul Ghaffar accused. As per this FIR father of deceased was not present at the place of occurrence and he was in his way to Okara and later on Mst. Shahnaz filed a private complaint on similar allegations in which accused are summoned and they will face the trial. Considering that father and mother have two different versions and both are closely related to the deceased, on this sole ground case of the petitioner becomes one of further inquiry. Therefore, he is admitted to bail subject to furnishing bail bond in sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.
However, if the petitioner would try to hamper with the evidence or create hurdle in conclusion of trial or absents himself from the proceedings, the trial Court will be at liberty to proceed against him strictly in accordance with law.