Through this petition under section 497 Cr.P.C. the petitioners have sought post-arrest bail in case FIR No.551/15 dated 08.08.2015 under sections 302, 337A(i), 337A(ii), 337F(i), 337F(iii), 337L(2), 354, 452, 324, 109, 147, 149 PPC, registered at Police Station Bhikhi, District Sheikhupura.
2. The arguments advanced by learned counsel for the parties have been heard and the record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. As per FIR, the allegation against Imran Haider petitioner is that he inflicted "danda" blows on the body of Shaban Akhtar deceased. In this regard, it has been noticed by this Court that the only injury observed by the doctor during postmortem examination on the dead body of Shaban Akhtar deceased was on his head and the same has been specifically attributed to Haider Ali co- accused, whereas no injury on other parts of body of the deceased could be observed. Similarly Naseer Ahmad petitioner has been assigned the role of inflicting hatchet blow on the head of Sobia Ilyas complainant and he has admittedly not caused any injury to the deceased. The injury attributed to Naseer Ahmad petitioner has been declared as Shajjah-i- mudihah falling under section 337A(ii) PPC which does not fall within prohibitory clause of section 497 Cr.P.C. Vicarious liability of the petitioners in the murder of Shaban Akhtar deceased as well as sharing of common intention by them with their co-accused for committing murder of deceased shall be determined by the learned trial Court after recording evidence.
Admittedly the petitioners are previous non-c onvict and never involved in any other case of such like nature. Investigation of the case is complete and they are no more required for further investigation. They are behind the bars since 30.11.2015 without any fruitful progress in conclusion of their trial, therefore, their further incarceration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioners becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioners are granted bail after arrest subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) each with one surety 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.