Through this petition under section 497 Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.523/15 dated 30.04.2015 under sections 302, 201, 148, 149 PPC registered at Police Station Factory Area, Sheikhupura.
2. The arguments advanced by learned counsel for the parties have been heard and record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that there is an unexplained delay of six days in reporting the matter to the police, but even then the petitioner is not named therein as the culprit of the alleged offence. He has been involved in the instant case on the basis of supplementary statement got record ed by the complainant after the elapse of seven days from the occurrence and except supplementary statement, no other material is available against the present petitioner on the file of the case. Even in supplementary statement, the only allegation against the petitioner is that he was seen by the PWs throwing dead body of the deceased in canal alongwith his four nominated co-accused. If the evidence collected by the prosecution is found true, even then the petitioner can only be held liable to the extent of section 201 PPC, which carries maximum punishment upto seven years. Vicarious liability of the petitioner for committing murder of the deceased shall be determined by the learned trial court after recording evidence. According to matriculation certificate of the petitioner issued by the Board of Intermediate and Secondary Education, Lahore, the petitioner was just about 18 years of age at the time of occurrence. He has been implicated in the instant case alongwith his real mother and father namely Nusrat Bibi and Muhammad Mansha, so false implication of the petitioner by the complainant by spreading the net wide cannot be ruled out of consideration. Admittedly the petitioner is previous non-convict and never involved in any other case. He is behind the bars since 17.05.2015. During first round of investigation, he was found innocent by the investigating officer, whereas after first change of investigation on 30.07.2015, the investigation has not been completed after the lapse of two and half months, which is sheer violation of the provisions contained in Criminal Procedure Code, 1898. Mere heinousness of of fence is no ground to refuse bail.
Nobody can be kept in jail for indefinite period, therefore, at this stage his further incarc eration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petitio n is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.