' Petitioner (Yousaf) seeks post arrest bail in case FIR No 94/2014 dated 20.02.2014 under Section 295-C, PPC registered at Police Station Sahooka, District Vehari.
2. After hearing the arguments of learned counsel for the parties at considerable length and perusal of the record, it has been observed that:--
(i) Apart from the complainant three persons namely Muhammad Mumtaz, Bashir Ahmad and Maqsood have been cited as PWs in the FIR and all the above three witnesses when got their statements under Section 161, Cr.P.C., recorded unanimously stated that one Abid Hussain was also present at the place of occurrence at the relevant time, but said Abid Hussain tendered his affidavit before the learned Additional Sessions Judge/during pendency of bail of the present petitioner and a copy of the said affidavit is part of instant bail application. In the said affidavit, Abid Hussain in clear terms has denied the contents of the FIR stating that neither any derogatory remarks were spoken by the petitioner nor heard by him (Abid Hussain). This fact alone is sufficient to make the case against the petitioner one of further inquiry;
(ii) It is admitted position that throughout the investigation in this case has been conducted by Sub-Inspector, whereas, Section 156-A, Cr.P.C. in clear terms provides that investigation of offence under Section 295-C, P.P.C. Shall not be conducted by an officer below the rank of Superintendent of Police, thus, on the face of it, above provision of law has boon violated;
(iii) Right from the date of his arrest while recording his first statement the petitioner has denied the allegations levelled against him and even today while produced in handcuffs pursuant to the direction of this Court, he has in clear terms deposed that he has full faith on the factum of "SHIFFA'AT" by Hazrat Muhammad (P.B.U.H) on the day of Judgment.
(iv) Another aspect of the matter is that in the FIR the time of occurrence has been shown as before "MAGHRIB", whereas, the alleged prosecution witnesses in their statements under Section 161, Cr.P.C. Have stated that it was about "ZUHAR" time, when alleged occurrence took place;
(v) The petitioner is behind the bars, the investigation is complete and there is no likelihood of commencement of trial in near future;
3. For what has been discussed above, the petitioner has succeeded in making out a case of further inquiry in his favour. Consequently, this petition is allowed and petitioner is admitted to post arrest bail subject to furnishing bail bond in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of learned trial Court.
4. Before parting with this order, it is made clear that whatever has been observed above is tentative in nature and result of conclusions drawn from the material so far available on the file and shall not influence the learned trial Court in any manner, at the time of final conclusions of the trial.