' MAZHAR IQBAL SIDHU, J.---Petitioner Nazir seeks post-arrest bail in a case registered against him and three others for the alleged murder of Manzoor Ahmad on the complaint of Muhammad Hayat.
2. Specific ascription against the petitioner is that he was holding a hatchet, gave a blow with the same hitting behind the left ear of the deceased.
3. Learned counsel for the petitioner contends that no such injury exits as per postmortem report of the deceased and unliking of the ocular account with medical evidence which cannot be abridged, makes out a case of further inquiry in favour of the petitioner and that he is entitled for grant of bail.
4. Learned D.P.-G. Assisted by the learned counsel for the complainant has opposed the bail on the grounds that the petitioner is nominated in the F.I.R. And the dimension of the injury on the occipital region of the deceased, prima facie, shows that it was not the result of specific blow and might be more than one, in this way, when the petitioner had held a hatchet and the injury has been found to have been caused with a sharp-edged weapon and to appreciate this contention of the learned counsel for the petitioner, would amount to compel the Court to go deep in the merits of the case and this practice is not desirable at this stage. Learned counsel for the complainant has also referred the injury sheet of the deceased, according to which, more than two injuries have been found on the body of the deceased. Lastly it has been submitted that the trial has commenced and it would be better to direct the learned trial Court to conclude the trial expeditiously.
5. Heard. Record perused.
6. It has been noticed that the petitioner is nominated in the F.I.R. And the role of causing injury ascribed to him has not been found in the Postmortem Examination Report and prima facie, there is incoherence in between the ocular and medical evidence and this fact also makes out a case of further inquiry for grant of bail to the petitioner.
7. Mere commencing of trial by itself is no ground for refusing bail, as, phraseology of subsection
(4) of section 497, Cr.P.C. Is very much clear that the bail can be granted at any stage even before the pronouncement of the judgment.
8. For what has been discussed above, instant petition is allowed and the petitioner is granted bail provided 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.
5. Observations mentioned op-cit shall be regarded as tentative in nature.