Through this petition under section 497 Cr.P.C. The petitioner has sought post-arrest bail in case FIR No.78/2015 dated 29.03.2015 under sections 302, 148, 149 PPC, registered at Police Station Kanganpur, District Kasur.
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 although the petitioner is nominated in the FIR yet no specific role has been attributed to him and only the role of ineffective firing is attributed to him therein. Even otherwise, the petitioner has not caused any injury to the deceased, so vicarious liability of the petitioner or sharing common intention by him with his co-accused for committing murder of the deceased shall be determined by the learned trial Court after recording evidence. There is no report of the Forensic Science Laboratory regarding matching of empties with the gun allegedly recovered from the petitioner, therefore, the value of such recovery shall also be assessed by the learned trial Court at an appropriate stage. The petitioner is previous non-convict. He is behind the bars since 26.04.2015 without any fruitful progress in conclusion of his trial. Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. Mere heinousness of offence is no ground to refuse bail to the accused, who other becomes entitled for this concession.
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 bonds 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.