' Petitioner Qari Abdul Shakoor through the instant petition seeks post arrest bail in case FIR No, 802 registered under Section 302, 34, PPC with Police Station Nishter Colony, Lahore, on 17.8.2013.
2. Precisely the allegation against the petitioner, as per FIR, is that he alongwith his other unknown co-accused committed qatl-e-amd of Muhammad Arshad, brother of the complainant.
3. After hearing the learned counsel for the parties and perusing the record, I find that the instant case has been registered with the delay of about one day. More over it is a case of unseen occurrence and the petitioner has been implicated in this case due to suspicion. It is pertinent to mention here that the only evidence against the petitioner is of last seen furnished by Faisal Ayub, paternal nephew and Jahanzaib Khan, son-in-law of the deceased which took, was given after three days of the alleged occurrence, which is a week type of evidence until and unless is corroborated by some other independent evidence. Another astonishing aspect of the matter is that according to recovery memo, the motorcycle of the deceased was shown to be recovered on 30,8.2013 on the pointation of the petitioner but according to the application dated 27.8.2013, the complainant applied for given the said motorcycle on superdari, which was accepted by the learned Judicial Magistrate 1st Class, Model Town, Lahore vide order dated 27.8.2013 and consequently the motorcycle was given to the complainant on superdari on 28.8.2013. In these circumstances, the question of authenticity of the allegation against the petitioner will be determined by the learned trial Court after recording the evidence of the parties and till then, the case of the petitioner is covered under sub-section (2) of Section 497, Cr.P.C. Calling for further inquiry into his guilt.
4. Statedly the petitioner is behind the bars since 24.8.2013 without any progress in the trial, as such, he cannot be detained in jail for indefinite period which, even otherwise, would not serve any useful purpose to the prosecution.
5. Resultantly, the instant petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,5,00,000/- (Rupees five lac only) with one surety in the like amount to the satisfaction of the learned trial Court.
6. It is clarified here that the above observations are tentative in nature and only meant for disposal of the matter in hand. These shall have no bearing at all on anybody's case at trial.
(R.A) .