' SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No,1177, dated 7-12- 2008, under sections 302, 324, 353, 186, 148, 149, P.P.C., registered at Police Station Hanjarwal, District Lahore, on the complaint of inspector Muhammad Saeed.
2. Precisely the prosecution case as narrated by the complainant is that the police took accused Pervaiz alias Peji to his village for effecting the recovery of crime article(s), as he was an accused of case F.I.R. No,1158, dated 28-11-2008, under sections 302, 109, 148, 149 P.P.C., registered at Police Station Hanjarwal, Lahore; as soon as the police party entered a dera, they were ambushed by 08/09 persons who made reckless firing at the police party; Pervaiz alias Peji all at once shouted and asked Muhammad Jamil (petitioner) and Jedi to stop firing as he had been hit by the bullets; the police retaliated in defence; the shooters on the other side decamped under the sheath of darkness leaving behind a bulk of arms and ammunition which were taken into possession by the police.
3. Learned counsel for the petitioner submits that it is a case of no evidence against the petitioner as he had not been seen by anyone firing at the spot at the police party; a false narration has been devised by the police in the name of the ill-fated deceased so as to camouflage their criminal act as it were they who committed his murder and no one else; Jedi accused is the real brother of the deceased whereas Muhammad Jamil happens to be his first cousin; the petitioner was taken into custody on 16-8-2010 and he has been languishing in jail ever since.
4. On the other hand, learned A.P.G. Opposes with the contention that the petitioner joined by his co-accused attacked the police party so as to rescue Pervaiz alias Peji from the custody of the police and in this campaign they took his life; as many as seven eye-witnesses joined investigation and supported the story contained in the F.I.R. Through their statements under section 161, Cr.P.C.; the petitioner, not only committed the murder of an innocent person but also attacked the men in uniform which speaks volumes about his criminal demeanour.
5. After hearing learned counsel for the parties and perusing the record, it is observed that the sentence allegedly uttered by Pervaiz alias Peji (deceased) at the time of occurrence is of crucial nature. The attribution of words {{URDU TEXT}} to the deceased, in the F.I.R. Apparently establishes the fact that the police failed to identify the fire-makers, on the other side. The alleged occurrence took place at 12-10 a.m. On 7-12-2008 which is a mid-night hour, when everything is plunged in the intense darkness. It has not been alleged anywhere in the F.I.R. That the complainant or other members of the police party had witnessed the accused-petitioner firing at the place of occurrence. It is a mysterious circumstance that none of the police officials could catch a glimpse of the accused-petitioner or that of his co-accused but Pervaiz alias Peji (deceased), surprisingly noticed that he had been hit by the firing of Muhammad Jamil (petitioner) and his co-accused Jedi. Some arms and ammunition had been allegedly taken into possession by the police from the place of occurrence to establish that it had been left behind by the runaway accused. The escape of the snipers from the place of occurrence, in the presence of such a heavy contingent of police causes eyebrow raising. Equally surprising looks the version of the complainant, that firing by the accused only hit the deceased, who, as per the necropsy report, received nine firearm injuries. The police officials did not receive even a single scratch during the occurrence, despite having flanked the deceased closely. The petitioner was taken into custody on .16-8-2010 and sent to judicial lockup on 24-8-2010 but without the -recovery of any crime article/weapon at his instance.
Learned A.P.-G. Has pointed out that a judicial inquiry into the story of F.I.R. Still continues which looks astonishing as the alleged occurrence took place as back as on 7-12-2008. Was it a real police encounter or a story fabricated by the police to conceal some factuality is a crucial circumstance: to be gone into at the proper stage by the learned trial court. Prima facie sufficient reasons exist to believe that petitioner's case constitutes need for further probe into his guilt as envisaged by section 497(2), Cr.P.C. Therefore, I accept this application and admit the petitioner to post arrest bail subject to furnishing bail bonds in the sum of Rs,2,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.