ABDUL LATIF KHAN, J:- Petitioner seeks post arrest bail in case FIR No. 856 dated 18.10.2014, u/ss 302/324/34 PPC, P.S. Faqir Abad.
2. As per prosecution case, complainant alongwith his brother Wajid were going from cattle form to their house when they reached to the spot, the petitioner alongwith co-accused started firing at them with their respective firearms as a result of which Wajid was hit and died on the spot whereas complainant escaped unhurt. Consequently on the basis of his report, instant FIR was registered against accused.
Arguments heard record perused.
3. Perusal of record reveals that three persons including the petitioner have been charged by the complainant for indiscriminate firing at him and his brother Wajid, due to which his brother was hit and died on the spot whereas he escaped unhurt but no specific role of firing has been attributed to any of the accused including the petitioner as to with whose fire shots the deceased was hit.
Besides, the type of weapon has also not been mentioned by complainant in his report as to which accused was armed with which type of weapon.
4. The medical evidence is also not in line with the prosecution case as according to P.M. report the deceased had received five entry wound including two group entry wounds but only two empties of .30 bore pistol have been recovered from the spot for which three accused have been charged by the complainant and as per FSL report the recovered empties of .30 bore were fired from one and same pistol, so it is not clear as to with whose pistol the said two empties were fired and who caused the other three fire arm entry wounds to the deceased, these are the questions which could better be determined at trial after recording prosecution evidence. Besides the complainant and deceased were also charged by the petitioner for committing murder of his brother Misal Muhammad and causing injuries to other persons for which a case vide FIR No.776 dated 8.10.2013 u/s 302/324/34 PPC was registered so motive is double edge weapon which goes either side and the innocence or guilt of petitioner could better be determined at trial after recording prosecution evidence. At present no case is made out against the petitioner as despite remaining in police custody, the petitioner has made no confession before the competent Court nor has any crime pistol been effected from his possession, making the case of petitioner that of further inquiry u/s 497(2) Cr.PC. He is behind the bar since his arrest and no more required to the local police for further investigation, therefore keeping him behind the bar would serve no useful purpose.
5. In view of what has been observed above, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond to the tune of Rs.5,00,000/- (Five Lac) with two sureties each in the like amount to the satisfaction of trial Court concerned, who shall ensure that the sureties are local, reliable and men of means.