' Through this petition filed under Section 497, Cr.P.C. The petitioner Rehmat Ali seeks post arrest bail in FIR No, 269/2014, dated 22.10.2014 for offence under Sections 302, 311, 148, 149, PPC registered at Police Station City Phool Nagar, District Kasur.
2. The complainant present in person submits that he is unable to engage his counsel and would rely on the arguments to be advanced by the learned Deputy District Public Prosecutor.
3. Arguments have been heard and the record perused.
4. According to the prosecution case Rehmat Ali the petitioner herein and Munawar Ali caught hold of Sharafat Ali, forcibly deboarded him from the car whereupon Asif Ali fired at him and caused his death. Similarly the petitioner and Munawar Ali also caught hold of Lubna Bibi, deboarded her from the car whereupon Asif Ali fired at her and caused her death. As per the prosecution case the petitioner has not been' attributed any injury to the deceased or anyone else. During the course of investigation the co-accused Abdul Sattar and Ghulam Rasool have been found to be innocent and they were exonerated by the complainant himself Another co-accused Jameela Bibi was also not found to be present at the place of occurrence and she has been allowed bail by this Court. All these factors would bring the case of the petitioner within the ambit of further inquiry calling in to his guilt making him eligible for the grant of bail as of right and not by way of grace or concession as has been held by the august Supreme Court of Pakistan in Ehsan Ullah versus The State (2012 SCM R 1137). An assertion made, by the learned counsel for the petitioner that the petitioner is a previous non-convict has not been negated by the learned Deputy District Public Prosecutor.
5. For what has been stated above, this petition is accepted and the petitioner is admitted to post- arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (rupees two hundred