' SH. NAJAM UL HASAN, J.---Through this second application Ghulam Qadir, petitioner seeks post- arrest bail in case F.I.R No, 292 dated 14-6-2012 under sections 202/109/148/149 P.P.C. Registered at Police Station Rodala District Faisalabad. Earlier application was withdrawn on 6-2-2013 as at that relevant time report of Fire-arm Expert was not available.
2. Learned counsel for the petitioner states that even till date there is no comparison report of Fire- arm Expert and petitioner is rotting in jail as such this petition has been filed.
3. The occurrence in this case took place on 14-6-2012 at 05.30 p.m. At dera of one Arif Ali when statedly nine persons including the present petitioner came on motorcycles and they all armed with rifles resorted to firing as a result of which, husband of the complainant, namely, Shaukat Ali died at the spot. It was alleged that the petitioner fired with his rifle hitting on the sole of left foot of the deceased. Other accused were also assigned role of firing at the deceased. The petitioner was arrested on 17-8-2012 and during investigation, he got recovered rifle. Thirteen crime empties were 'recovered from the place of occurrence and were sealed into parcel but till date there is no comparison: report of Fire-arm Expert.
4. Learned counsel for the petitioner states that during investigation, two accused who were assigned the role of conspiracy were declared innocent and similarly two other co-accused who were assigned role of aerial firing were also let off by the police and were declared innocent and that even the nominated accused, namely, Ali Akbar and Ali Raza who were assigned specific role of causing firearm injury on the right leg and left knee of the deceased were declared innocent by the investigating agency as no such injury was found available on the person of deceased.
Learned counsel further submits that petitioner has falsely been involved; that the only role assigned to the petitioner is of causing single firearm injury on the foot of the deceased which is non-vital part of the body whereas fatal injuries have been attributed to Amjad, Ashraf and Yousaf and during investigation, Yousaf was also found innocent and was ultimately released. Learned counsel strongly emphasises on the point that occurrence took place in the dera of one Arif Ali whereas the complainant was at home which is at much distance from the place of occurrence as such this occurrence is unseen and case has been fabricated; that number of injuries received by the deceased and number of accused do not coordinate with each other and such circumstance clearly indicates that number of accused has been exaggerated. Learned counsel while relying on case titled as Shah Nawaz and others v. The State and another (2008 SCM R 1436) states that as the fatal injury was not attributed to the petitioner and other accused having same role have been declared innocent as such the petitioner has made out a case of further inquiry and is entitled to bail.
5. On the other hand, learned law officer states that specific role was assigned to the petitioner; that two other accused having same role were released as they were declared innocent by the investigating agency whereas the petitioner was found fully involved in this matter; that now charge has been framed and the, trial is likely to be started in near future as such petitioner is not entitled to any exception. Learned law officer after going through the report admits that till date there is no comparison report of Firearm Expert and states that there is a report in respect of another accused which indicates that his weapon was in working condition.
6. I have heard the learned counsel for the parties and have gone through the available record.
7. Eleven persons were implicated by the complainant in this case. Seven of them were declared innocent. Three accused, namely, Ali Akbar, Ali Raza and Yousaf who were assigned specific role of firing at the deceased and seats of injuries was also mentioned, were later on found innocent by the investigating agency. Yousaf was assigned the role of causing fatal injury to the deceased and during investigation, he was found innocent and has been released. So far as the petitioner is concerned, he was assigned the role of causing single firearm injury on the sole of left foot of the deceased which is non-vital part of the body. Crime empties were recovered from the place of occurrence but till date there is no comparison report of Fire-arm Expert on record although more than a year has passed. Keep in view that the petitioner was assigned the role of causing one firearm injury on non-vital part of body his case is distinguishable from the other accused and matter regarding his involvement and the extent to which he is liable can be seen only after recording of evidence. So while relying on case titled as. Shah Nawaz and others v. The State and another (2008 SCM R 1436) I think case of the petitioner remains that of further inquiry. At this stage, further detention of the petitioner will not serve any useful purpose. Consequently, this petition is accepted and Ghulam Qadir, petitioner is allowed bail in case F.I.R No, 292 dated 14-6-2012 under sections 302/109/148/149, P.P.C. Registered at Police Station Rodala District Faisalabad subject to his furnishing bail bonds in the sum of Rs,3,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.