1. Through this petition under Section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No, 533/16 dated 14.12.2016 under Sections 302,. 324, 148, 149, 109, PPC, registered at Police Station Noor Shah, District Sahiwal.
2. 2.The arguments advanced by learned counsel for the parties have been heard and record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that although petitioner is named in FIR, yet the fact remains that only the allegation of abetting his co-accused to commit murder of Manzoor Ahmad deceased has been leveled against him. It is admitted position of the case that the petitioner was not present at the spot at the time of occurrence and he did not take active part in the incident. During arguments, learned counsel for the petitioner has produced a. copy of private complaint filed under Sections 302, 324, 460, 365, 148, 149, PPC against the complainant party and the petitioner has been shown therein as eye-witness of the occurrence, therefore, possibility cannot be ruled out of consideration that the petitioner has been involved by, . the complainant in this case with mala fide intention and ulterior motive by spreading the net wide due to the above grudge. Admittedly. the petitioner is previous non-convict; he is behind the bars since 16.12.2016 without any fruitful progress towards the conclusion of his trial; investigation to his extent is complete and he is no more required for further investigation. Mere heinousness of offence is no ground to _ refuse bail if otherwise the accused becomes entitled to the concession of bail, therefore, no useful purpose would be served by .keeping the petitioner behind the bars at this stage.
3. 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 petition is, therefore allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs, 500,000/- (Rupees five hundred thousand only with two sureties each in the like amount to the satisfaction of the learned trial Court.
4. 4.The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.