Through this petition under Section 497 Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.221/2015 dated 31.03.2015 under Sections 302, 324, 109, 148, 149 PPC, registered at Police Station Havaili Lakha, District Okara.
2. The arguments advanced by 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 although the petitioner is nominated in the FIR yet the only specific injury attributed to him i.e. "firearm injury on left calf" could not be observed by the doctor during postmortem examination of the deceased. Apart from this injury , no specific role has been attributed to him therein. As per FIR, the petitioner was armed with pistol .30 bore at the time of occurrence, with which he fired at the deceased, but not a single empty of .30 bore could be collected by the investigating officer during spot inspection. Furthermore, it has come on record during the course of investigation that the petitioner was merely found present at the spot, empty handed. Although, opinion of the police is not binding on the Courts of law, yet the same can be taken into consideration, if supported by surroundings facts and circumstances of the case i.e. non-recovery of empty of .30 bore pistol as well as attribution of same injury sustained by the deceased to co-accused, therefore, by keeping in view the contents of FIR and the outcome of investigation, prima facie the case of the prosecution against the petitioner has become the case of two versions i.e. one put forward by the complainant and the other came on record during investigation and which version is correct shall be determined by the learned trial court after recording evidence. Reliance can easily be placed upon 2012 SCMR 1137 (Ehsan Ullah vs. The State) wherein it has been held by the Hon'ble Supreme Court of Pakistan as under:- "This shows that in the present case the prosecution itself has two versions vis--vis the petitioner , first of the complainant party according to which the petitioner was present at the spot and had resorted to firing and second of the investigating agency according to which the petitioner was not present at the spot and he was abetting his co-accused form behind the scene. All these considerations surely render the case against the petitioner one of further inquiry into his guilt."
Admittedly , the petitioner is previous non-co nvict. He is behind the bars since 05.05.2015 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.
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 bonds in the sum of Rs.100,000/- (Rupees one 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.