Through this petition under section 497 Cr.P.C. the petitioner has sought bail after arrest in case FIR No.238/2014 dated 17.04.2014 under sections 302, 324, 148, 149 PPC, registered at Police Station Ratta Amral, Rawalpindi.
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.
Although the petitioner is named in FIR with the allegation that he inflicted firearm injury on the shoulder of Hamza injured PW, yet the fact remains that said injured PW in his statement under section 161 Cr.P.C. categorically stated that neither the petitioner was armed with pistol nor has made firing at the spot at the time of occurrence. Hence this case has become a case of two versions; one brought forward by the complainant and the second surfac ed on record during investigation through the statement of injured PW and which version is correct shall be determined by the learned trial court after recording evidence. Reliance can be placed upon 2012 SCMR 1137. Admittedly the petitioner has not caused any injury to the deceased, therefore the question of sharing common intention with his co-accused for committing murder of the deceased 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 18.08.2015. 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.
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.100,000/- (Rupees one hundred thousand only) with two sureties each 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.