' MUHAMMAD YAWAR ALI, J. --- Through this petition filed under Section 497, Cr.P.C., the petitioner, Jamshaid seeks post-arrest bail in F.I.R. No, 24/2013, dated 17.02.2013 for offence under Sections 302, 148, 149, 109, PPC registered at Police Station Boolani District Gujrat.
2. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely roped in this case by the complainant with ma/a fide intention and ulterior motives; no one saw the petitioner either firing at or causing the death of the deceased; the petitioner has been declared to be a juvenile by the Trial Court; there is nothing on the record to connect the petitioner with the commission of offence; the petitioner is previous non-convict, no more required for further investigation of the case.
3. The learned Deputy Prosecutor General and the learned counsel for the complainant have opposed the instant petition by submitting that the petitioner is named in the F.I.R. And a specific role has been attributed to him; the petitioner has committed a heinous offence by firing at and causing the death of the deceased Ashfaq Ahmed. The eyewitnesses Khalid Mehmood, Matloob Hussain and Gulzar Hussain while getting their statement recorded under Section 161, Cr.P.C. Had deposed in line with the contents of the FIR; the petitioner has been charged with an offence which falls within the prohibitory clause of Section 497, Cr.P.C., hence he is not entitled to the concession of bail.
4. After hearing the arguments which have been advanced and going through the record, it has been observed that no one witnessed the petitioner either firing at or causing the death of the deceased. As per the prosecution case the eye-witnesses merely saw the petitioner fleeing away from the place of occurrence. So far there is no finger print report or any other report on the record to establish that the weapon of offence stadely recovered from the petitioner was used by him during the commission of offence. In all fairness the learned Deputy Prosecutor General has pointed out that there is nothing on the record so for to establish that the casing of the bullet which was issued during the commission of offence matched the weapon of offence statedly recovered from the petitioner. The petitioner who is behind the bars since 03.03.2013 has been declared to be a juvenile by the Trial Court. There is nothing on the record to establish that the petitioner has previous criminal antecedents. Bail cannot be denied to the petitioner on the sole ground that Challan has been submitted before the Trial Court and charge has been framed. Mst. Maria Khan v.
State and another (2013 S.C.M.R. 49) can be read with considerable advantage.
5. For what has been stated above, this petition is accepted and the petitioner is admitted to post- arrest bail subject to furnishing bail bonds in the sum of Rs, 5,00,000/-(rupees five hundred thousand) with two sureties in the like amount to the satisfaction of the learned Trial Court.
Bail after arrest granted.