Muhammad Asif, petitioner seeks his post arrest bail in a case registered against him vide case FIR No, 206 of 2010 dated 25.06.2010 for the offences under Sections 302, 109 & 34 of PPC registered at Police Station Kassowal, District Sahiwal.
2. According to FIR on 25.06.2010 at about 09.30pm, Muhammad Imran, co-accused fired two successive shots with his gun at Abdul Sattar, who succumbed to his injuries at the spot. The allegation against Muhammad Waqas, co-accused of the petitioner was that he, while armed with hatchet kept on raising Lalkara whereas allegation against Muhammad Asif, petitioner was that he resorted to aerial firing with his gun .12-bore.
3. Learned counsel for the petitioner submits that petitioner did not cause any injury on the person of the deceased; that police did not secure any empty from the place of occurrence; that motive was not attributed to the petitioner; that, co-accused of the petitioner Muhammad Waqas was declared innocent; that only allegation against the petitioner was that he fired in the air; that petitioner was involved in this case as he was near relative of main accused Muhammad Imran; that petitioner was arrested on 22.08.2010 and he was behind the bar for about 4(1/2) months; that complainant party filed., a filed private complaint regarding this occurrence, hence, petitioner was entitled to the grant of bail.
4. Learned DPG and learned counsel for the complainant contended that petitioner was specifically nominated in the FIR, who came armed along with his co-accused at the place of occurrence and resorted to aerial firing, so he was also vicariously liable for the murder of Abdul Sattar, deceased; that gun was also recovered from the possession of the petitioner during investigation, so, he was not entitled to the grant of bail.
5. Arguments have been heard. Record perused.
6. Motive of the occurrence was not attributed to the petitioner in the FIR rather it was attributed to Muhammad Waqas, co-accused who was declared innocent by the police during investigation.
There is no allegation against the petitioner that he caused any injury on the person of the deceased. The only allegation against the petitioner is that he fired in the air. Police did not secure any empty cartridge from the place of occurrence. The petitioner is the relative of Muhammad Imran, co-accused and possibility of his false involvement due to this reason cannot be ruled out.
Petitioner was arrested on 22.08.2010 and he is behind the bar since then. The trial of the case has not commenced till yet as complainant party has filed a private complaint regarding this occurrence.
7. For what has been discussed above, the case of petitioner comes within the purview of further inquiry, therefore, petition in hand is accepted and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.