Waqar Hassan Mir, J.--Through the present Crl. Misc. No, 298-M of 2010, which has arisen out of.
Crl. A. No, 48-J of 2009, the applicant has requested for initiation of proceedings against Respondents No, 2 to 5 under Section 476-A Cr.P.C.
2. The backdrop of the present scenario, is that Respondent No, 4 who is the accused in case FIR No 546 dated 30.6.2007 offence u/S. 302 PPC registered at Police Station Ghulam Muhammad Abad, Faisalabad, was convicted and sentenced by the learned trial Court vide judgment dated 27.1.2009 to death with further direction to pay a compensation of Rs, 1,00,000/- to the legal heirs of the deceased as provided under Section 544-A Cr.P.C, in default whereof to further undergo for six months. The said respondent preferred an appeal i.e Crl. A. No, 48-J of 2009 before this Court and during the pendency thereof, he filed Crl. Misc. No, 2892-M/09 for his acquittal on the basis of have been declared innocent by the police and only he (petitioner) and his brother Hazir Baldish have been left in the case. The question of his vicarious liability is to be gone into at trial. Therefore, from all such angles, his case is open to further inquiry into his guilt. The same, thus, is covered under Section 497(2) Cr.P.C.
4. It may be mentioned here with all fairness that in sub-para (a) of Paragraph No, 4 of his petition, he (petitioner has relied upon the case of Amir u. The State (PLD 1972 S.C. 277). With all respect to the esteemed authority, I am of the view that the same is not applicable herein his case.
5. However, on other grounds, as indicated above, his case has been considered on the basis of the nature of the accusation against him and other attending circumstances.
6. He statedly has been arrested on 13.11.2009, i,e, about five months ago. The well settled proposition in law, as regards the question of bail is that when case of an accused may be found one of further inquiry into his guilt, he then becomes entitled to such relief as of right and not mere grace. In such a situation, he cannot be detained unnecessarily for a moment even.
7. I, thus, have been persuaded to hold that he has made out a case for release on bail. The petition, therefore, is accepted and he is admitted to bail subject to furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
8. I may observe here that the above observations are tentative in nature and meant only for the disposal of the instant matter. These shall have no bearing at all on anybody's case at trial.