MAZHAR IQBAL SIDHU, J.---Kashif Ali and Ali Ihtisham alias Saba petitioners have sought for post' arrest bail in a case registered against them and others on the complaint of Qaiser Abbas vide F.I.R.
No,158/11 dated 28-6-2011 under sections 302, 324, 148 and 149, P.P.C. At Police Station, Headmarala, District Sialkot.
2. Succinctly, the prosecution case is that petitioners along with their accomplices made murderous assault upon the complainant party resulted in death of Ghulam Haider and causing injuries to Aamer Abbas with fire arm weapons. Specific allegation against the petitioners is that they shouted Lalkaras before commencement of firing and continued to be so till culmination of incident.
3. Learned counsel for the petitioners submits that according to prosecution's own case, petitioners did not cause any injury to the deceased or to the injured PW; they have been falsely involved on account of their propinquity with the principal accused; they have joined investigation and nothing has been recovered from them; mere abscondence is no ground to refuse bail save as case is made out on merits. Further submits that investigation is over and they are no more required for further investigation, therefore, they may be granted bail.
4. Learned DPG assisted by learned counsel for the complainant has opposed submissions on the grounds that in typical way, petitioners kept on encouraging and facilitating to their accomplices through out the occurrence by morale support, ultimately, one person lost life and one received injuries, therefore, their participation is prima facie established on record. However, it has been brought to the notice of this court that both the petitioners have been found innocent during investigation.
5. Heard. Record perused.
6. Notwithstanding, the police opinion is not binding upon the court, even otherwise, court should not oscillate towards it solely, however, while granting bail merits are also required to be seen, therefore, on merits as per prosecution's case, petitioners did not cause any injury to the deceased as well as injured P.W. So far as shouting of Lalkaras during incident or before incident is concerned, whet! The firearm is used, then perhaps it would be needless to comment upon it that hardly any need of raising Lalkara exists. Partway investigation, petitioners have been found innocent, therefore, their involvement needs further probe. Thus, instant petition is allowed and petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs,2,00,000 (two lacs) each with two sureties each in the like amount to the satisfaction of learned trial Court.