' On 19.11.2015 Nasir Mehmood and Azim Ullah were proceeding by a motorcycle to their house, when reached near the shop of Iftikhar Tarar, Hanzla (petitioner) armed with chhura along with his co-accused Faseeh-ur-Rehman armed with chhura, Abdul Rehman armed with chhura, Qasim Chatha armed with pistol and Razi Chatha armed with pistol intercepted them. It has been alleged that Faseeh-ur-Rehman caused a chhura blow at Nasir Melimood deceased hitting behind his left knee joint who fell to the ground. Thereafter co-ac cused Abdul Rehman caused a chhura blow hitting on left buttock of deceased. Then Hanzla (petitioner) caused blows with his chhura. Co- accused Qasim and Razi while aiming pistol kept on lalkaras. The deceased died of injuries at the spot. This incident was criminally conspired allegedly by Zafarullah Khan.
2. Learned counsel for the petitioner ' has argued that according to prosecution's own version, no specific seat of injury has been attributed to the petitioner; partway investigation, the petitioner has been found empty handed; nothing has been recovered from him, therefore, his case squarely comes within the mischief of further inquiry , thus, instant application may be accepted as impetrated.
3. Learned DPG has opposed the submissions that the petitioner is nominated in the FIR; the deceased received more than two injuries and that the police opinion has no relevance in presence of the ocular account. Learned counsel for the complainant has submitte d that arguments of learned counsel for the petitioner tickles the Court to appreciate the facts by profundity but this practice is not permitted at bail stage.
4. Tripartite arguments heard. Record perused.
5. The injuries attributed to the petitioner are not descriptive of locales. Partway investigation, the police has opined that he was apprehended at the spot empty handed and this fact has been mention ed in the report prepared under Section 173, Cr.P.C. Police opinion may be taken into consideration for the disposal of bail application. Prima facie, a case for the grant of bail as to implicatio n of the petitioner is made out on the basis of principle of further inquiry .
Hence, instant application is accepted and the petitioner is granted bail provided his furnishing bail bond in the sum of Rs, 2,00,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of the learned trial Court.