Zulqarnain, petitioner seeks his bail before arrest in case FIR No.158/2015 dated:29.03.2015, offence under Section 302/109/148/149 PPC, registered at Police Station Peoples Colony, Gujranwala.
2. The only allegation in the FIR against the petitioner is that he threw red chilies in the eyes of the deceased Shahid.
3. Arguments heard. Record perused.
4. As per FIR, five accused were nominated and two were unknown. Out of the nominated accused persons, two are real brothers of the petitioner Zulqarnain. The other two nominated co-accused were discharged by the police as they were implicated u/s 109 PPC. Prima-facie the postmortem report is silent regarding red chilies being thrown in the eyes of the deceased, hence, the medical evidence is not corroborating the ocular account. No red chilies were recovered from the spot to strengthen the prosecution case. The possibility of false implication cannot be ruled out, as there is a general trend in our society to involve maximum people of a Family in criminal cases and throw the net as wide as possible. Admittedly both the parties are daggers drawn and it cannot be ruled out that the petitioner has been falsely implicated in this case. Reliance is placed upon "Muhammad Boota v. The State and others.", 2014 SCM R 1355. The deceased has received only one firearm injury, which is attributed to Zia Ullah accused, who is real brother of the petitioner. The petitioner has joined the investigation. According to the police investigation, he was not present at the spot. It is yet to be ascertained whether the petitioner participated in the occurrence in any manner, which will be seen at the trial stage. It has been held by the Honourable Supreme Court of Pakistan that bail can be allowed in offences falling under the Prohibitory Clause of Section 497 Cr.P.C, where there are sufficient grounds for further inquiry into the guilt of the accused and the Investigating Officer or the Court have come to the conclusion that the accused had not committed the non-bailable offence. Reliance is placed upon ARBAB ALI v. KHAMISO and others, 1985 SCM R 195, AMIR ALI AND OTHERS v. THE STATE, 1984 SCM R 521, DR. MUHAMMAD ASLAM v. THE STATE, 1993 SCM R 2288. The petitioner is a non-convict. He is no more required by the police for investigation. Nothing has to be recovered from him, therefore, it will serve no purpose to send the petitioner behind the bars, as this will be an un-necessary burden upon the exchequer/State.
5. In view of the above, this instant petition is allowed and the ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs.2,00,000/- (Rupees Two Lacs) with two sureties in the like amount to the satisfaction of the Trial Court. The observations made hereinabove are tentative in nature and are strictly confined to the decision of this bail petition only.