Through this petition under section 497 Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.147/2014 dated 21.07.2014 under sections 302, 324, 148, 149 PPC, registered at Police Station Chountra, District Rawalpindi.
2. I have heard the arguments advanc ed by learned counsel for the parties and have perused the record of this case with their able assistance. This is bail after arrest and only tentative assessment is required at this stage at this stage. It has been noticed by this Court that although the petitioner is named in FIR yet the firearm injury attributed to him therein could not be observed by the doctor during medical examination of Arslan injured and as per his medico legal certificate only an abrasion was observed, hence, prima facie there is contradiction between ocular and medical evidence. Even otherwise the petitioner has not caused any injury to the deceased, therefore, the questions of sharing common intention by the petitioner with his co-accused as well as his vicarious liability in the commission of murder of Usman deceased shall be determined by learned trial court after recording evidence. Reliance can be placed on 1996 SCMR 1125. Admittedly the petitioner is previous non-convict. He was arrested in connection with this case on 21.08.2014; now more than one year and seven months have elapsed and he is still behind the bars but his trial has not been concluded as yet. Investigation of the case is complete and the petitioner is no more requi red for further investigation, therefore, his further incarceration in jail would not serve any useful purpose. I may observe here that mere heinousness of offence is no ground to refuse bail to an accused, who otherwise becomes entitled to this concession.
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 furnishing bail bonds in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.