' The petitioner Shahbaz Khan seeks post arrest bail in case FIR No. 164/15 dated 29.03.2015, offence under Sections 302, PPC, registered with Police Station Kot Chuttah, District Dera Ghazi Khan.
2. Briefly, the allegation against the petitioner murdered is that he murdered his wife Mst.Haleerna Bibi (daughter of the complainant) by strangulation.
3. Arguments heard. Record perused.
4. Perusal of the record shows that the offence alleged against the petitioner is the murder of his wife Mst.Haleema Bibi, but after perusing the contents of FIR it appears that no direct evidence is available on record to connect the petitioner with the commission of offence. Record further reveals that during investigation no incriminating material could be found against the petitioner except suspicion and speculation. Learned counsel for the petitioner has argued that the prosecution has set its case on two versions. Firstly, it was stated that the deceased was murdered by strangulation and secondly by hanging her. It is pertinent to mention here that the deceased has three sons and three daughters, but during investigation none of them supported the prosecution version. It is a dark night occurrence.
5. It is well settled principle of law that bail cannot be withheld as punishment, there is no legal or moral compulsion to keep people in jail merely on allegation that he has committed offences punishable with death or imprisonment of life or up to ten year, unless reasonable grounds appear to exit to disclose his complicity, law cannot be stretched in favor of prosecution, but benefit of doubt must go to accused at bail stage.
6. For the foregoing reasons, the petitioner has succeeded to make out a case of post-arrest bail.
Hence, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 5,00,000/- (Five Lacs only) with one surety in the like amount to the satisfaction of the learned trial Court.
7. Before parting with the order, it is made clear the observations rendered above are tentative in nature and will not prejudice the trial of the case at any stage.