Through this petition filed under Section 497, Cr.P.C., the petitioner, Sher Masih seeks post-arrest bail in case FIR No, 376/2012 for offences under Sections 302, 376, 201, 148, 149, PPC registered at Police Station Saddar Kasur District Kasur.
2. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely roped in this case. There is nothing on record to connect the petitioner with the commission of offence. No one saw the occurrence taking place. A co-accused Tariq, with a similar role had been allowed bail by this Court.
3. The learned Deputy Prosecutor General has opposed the petition and submitted that the petitioner has committed a heinous offence, hence, he is not entitled to the concession of bail.
However, in all fairness, the learned Deputy Prosecutor General has pointed out that the petitioner has been found guilty for having committed an offence under Section 201, PPC but not under Sections 302, 376, 148, 149, PPC.
4. No one has entered appearance on behalf of the complainant inspite of the fact that the name of the learned counsel for the complainant duly reflects in the cause list.
5. After hearing the arguments which have been advanced and going through the record of the case, it is clear that no one saw the petitioner committing any offence as referred to in the FIR. The case of the petitioner is at par with that of his co-accused Tariq, who has earlier been allowed bail by this Court on 15.08.2012 in Crl. Misc.9039-B-2012. On the principal of consistency and parity, the petitioner would also be entitled to bail in terms of law laid down by the august Supreme Court of Pakistan in Muhammad Daud and another versus The State and another (2008 S.C.M.R. 173). The learned Deputy Prosecutor General, in all fairness, has pointed out that as per the investigation which has taken place the petitioner is not guilty of having committed an offence under Sections 302, 376, 148, 149, PPC. An assertion made by the learned counsel for the petitioner that the petitioner is a previous non convict has not been negated by the learned Deputy Prosecutor General. As the Challan has been submitted before the learned trial Court, it can be inferred that the petitioner is no more required for the investigation of the case.
6. For what has been stated above, this petition is accepted and the petitioner is admitted to post- arrest bail subject to his furnishing bail bonds in the sum of Rs,1,00,000/- (rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.