Through this petition under section 497 Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.317/2008 dated 31.10.2008 under sections 302, 34 PPC, registered at Police Station Saddar Chakwal.
2. The arguments advanced by learned counsel for the parties have been heard and 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 the petitioner is not named in FIR. He has been involved in the instant case by the complainant through supplementary statem ent with the role of facilitating main accus ed to commit murder of Rafaqat Mehmood deceased. During investigation, it has come on record that though the petitioner was present at the spot at the time of occurrence, but he was empty handed and admittedly he did not cause any injury to the deceased. It is also an admitted fact that Mukhtar Ahmad and Shehzada Khan, co-accused, whose role is quite identical to that of the present petitioner have already been acquitted by the learned trial court. Even otherwise, it is settled law that questions of sharing common intention and vicarious liability of the accused shall be determined by the learned trial court after recording evidence. Reliance can be placed upon 2014 SCMR 1502. The petitioner is previous non-convict. He is behind the bars since 30.10.2015. Investigation of the case is complete and he is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. Mere absconsion is no ground to refuse bail if otherwise the accused becomes entitled to the grant of bail.
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 bond in the sum of Rs.200,000/- (Rupees two 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.