' The petitioner seeks post arrest bail in the cross-version of dated 11.10.2014 recorded in case F.I.R No, 535 of 2013 dated 24.12.2013 registered under Sections 302, 148, 149, PPC at Police Station Kasowal, District Sahiwal.
2. As per cross-version the allegation against the petitioner/Muhammad Rafi is that the complainant (of the cross-version) namely, Amjad Javed, the brother of Khalid Javed (deceased), went to the house of Shamshad Bibi where Khalid Javed (deceased) had gone to fix some electric problem. The petitioner allegedly questioned Khalid Javed (deceased) as to why he had come to see Alia Bibi. Munir Ahmad, co-accused allegedly fired upon Khalid Javed landing on his left part of the head whereas Muhammad Rafi fired with his pistol hitting on his left finger. Munir Ahmad along with the petitioner had also alleged to have fired upon Alia Bibi on her forehead and the chest and both died on the spot.
3. Arguments heard. Record perused.
4. This cross-version was recorded in case F.I.R No, 535 of 2013 dated 24.12.2013 registered under Sections 302, 148, 149, PPC at Police Station Kasowal, District Sahiwal recorded by Muhammad Aslam (the complainant of the F.I.R.) in which it was stated that Khalid Javed (deceased) came to his house and, now, on coming to know that Alia Bibi aged 18 years had not decided to marry him, therefore, she would not be able to marry anyone else. He first fired with his pistol upon her head and then fired second shot on her left side of the chest. He then committed suicide by tiring on his own head. During the investigation the cross-version was also investigated but recommended for cancellation on 06.02.2015. Whereafter on 06.01.2016, the complainant of the cross-version also filed a private complaint. No pistol was recovered from the possession of the petitioner nor any evidence was collected to show that it was fired by petitioner. The delay in recording the cross- version speaks volumes of its falsity. The petitioner was apparently involved just to stretch the complainant version. The questions like injury of Khalid Javed sustained on the finger and absence of tattooing, blackening on the head of two deceased persons are the questions which may be appreciated by the Court after recording evidence. At this stage, the petitioner has made out a case for the grant of post arrest bail.
5. Resultantly, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 1, 00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.