Through this petition, Zafar Iqbal petitioner has sought post arrest bail in case F.I.R. No, 346, dated 23.08.2011, for an offence under Section 302 PPC read with Section 34 PPC registered at Police Station Vanike Tarrar, District Hafizabad.
2. Learned counsel for the petitioner contends that the story narrated in the F.I.R. is totally fabricated and the petitioner has falsely been roped in this case being real brother of the principal accused namely Mazhar Iqbal; that there is collective role assigned to the petitioner and his brother Mazhar Iqbal that they both caused injuries to the deceased with a dagger; that during the investigation no weapon of offence has been recovered from the petitioner, he has successfully proved his plea of innocence and police has opined that although petitioner was present at the spot, yet he was empty handed and he did not cause any injury to the deceased; that in these circumstance, case against the petitioner is one of further inquiry into his guilt. Further contends that the petitioner has no previous criminal record and is behind the bars since 15.09.2011 without any progress in the trial.
3. Conversely, learned Law Officer assisted by the learned counsel for the complainant opposing this bail petition contends that petitioner is specifically nominated in a promptly lodged F.I.R., he was present at the spot while armed with a dagger, and he along with his co-accused has caused injuries to the deceased, even otherwise. he is vicariously liable for every act of his co-accused; that ipsi dixit of the police is not binding upon the Court and especially when that is not based upon any cogent evidence; that complainant and two witnesses are fully supporting the prosecution version, the medical evidence available on the record also corroborates the prosecution version; that deeper appreciation of the merits of the case at bail stage is not desirable; that charge in this case has already been framed and case is fixed for recording of prosecution witnesses; that offence under Section 302, PPC falls within the prohibitory clause of Section 497, Cr.P.C.
4. Heard. Record perused.
5. Be that as it may, although name of the petitioner has been figured in the F.I.R. yet there is collective role assigned to the petitioner and his real brother Mazhar Iqbal to the effect .that they both caused injuries to the deceased with a dagger. Investigating Officer present with record confirms that although petitioner was found present at the spot yet he was empty handed and he did not cause any injury to the deceased. Ipsi dixit of the police is not binding upon the Court yet in view of the unchallenged result of investigation, prima-facie, possibility of false implication of the petitioner, being real brother of the principal accused, cannot be ruled out. Petitioner is behind the bars since 15.09.2011 and his further detention in jail for an indefinite period shall not serve any useful purpose.
In view of all above, case against tie petitioner, prima-facie, is one of further inquiry into his guilt as contemplated under subsection 2 of Section 497 Cr.P. Code, hence, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees two lac only) each with two sureties each in the like amount to the satisfaction of the learned trial court.
6. It is, however, clarified that observations made herein are just tentative in nature and strictly confined to the disposal of this bail petition.