Through this petition under section 497 Cr.P.C. the petitioners have sought post-arrest bail in case FIR No.203/14 dated 22.06.2014 under sections 302, 201, 364, 148, 149 PPC, registered at Police Station Mandi Ahmad Abad, District Okara.
2. The arguments advanced by the learned counsel for the parties have been heard and the 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 the present petitioners are not named in the FIR. They have been named in this case by the complainant through supplementary statement recorded on 19.01.2015 i.e. after seven months from the lodging of FIR and that too without source. It is settled law that supplementary statement without source has got no value in the eyes of law. Reliance can easily be placed upon 1995 SCM R 1350. Even otherwise the accused nominated in the FIR by the complainant with the exception of Manzoor Ahmad accused have been declared innocent by the investigating officer during investigation, which makes the whole prosecution story highly doubtful. It is an unseen occurrence and there is no direct evidence against the present petitioners so as to connect them with the commission of murder of the deceased. There is no evidence to the extent of section 364 PPC against the petitioners and as far as section 201 PPC is concerned it does not fall under the prohibitory clause of section 497 Cr.P.C. It is settled law that vicarious liability of the accused is to be determined by the learned trial court. Mere heinousness of offence is no ground to refuse bail if the accused otherwise becomes entitled to the concession of bail. The petitioners are previous non-convicts.
They are behind the bars since 19.01.2015. Investigation of the case is complete. Challan has been submitted in the learned trial court. Mere submission of challan or framing of charge is no ground to refuse bail. Reliance can easily be placed upon 2011 SCM R 161. Therefore, at this stage his further incarceration 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 petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety 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.