SHAHID HAMEED DAR, J.-- The allegation against the petitioner, Aqib Javed, as per FIR No,270/16, dated 16.12.2016, under sections 302, 34, P.P.C., Police Station Murid-wala (Faisalabad) is that he came to the spot with a kassi in hand and started dismantling kutcha path, located in Sq.No,4, killa Nos,9 and 12, whereon he was checked by Muhammad Rafique (complainant), which ensued grappling between them; the petitioner's co-accused being armed with hatchet and danda were also present there then; Abbas Ali and Asim Sohail (complainant's son) rushed to the place of quarrel between him (petitioner) and Muhammad Rafique, so as to separate them; on the lalkara of Abdul Majeed, his co-accused Kashif Majeed gave a full blooded blow of mohri on the head of Asim Sohail, which felled him on the ground badly bleeding, whereafter all the accused fustigated him and the complainant as well; when Mst.Iram Bibi tried to rescue her husband Asim Sohail, she was injured by him (petitioner); her clothes were, torn by the accused due to which she got naked; Asim Sohail was shifted to Civil Hospital, Muridwala for treatment of his injuries but he was referred to Allied Hospital, Faisalabad being unconscious in critical condition.
2. Asim Sohail could not survive and he succumbed to the injuries on 16.12.2016, whereon his father Muhammad Rafique reported the crime to the police, the same day. The petitioner was arrested in this case on 28.12.2016 and he allegedly got recovered a kassi on 08.01.2017.
3. After hearing the learned counsel for the parties and perusing the record, it is observed that the petitioner did not cause any specific injury to Asim Sohail (deceased) and what he allegedly did at the crucial hour was that he and his two armed co-accused jointly tortured fallen Asim Sohail and Muhammad Rafique (complainant) by means of their respective weapons, dandas and sotas. The complainant did not have himself medically examined. The medico-legal-report of Asim Sohail revealed two blunt-weapon injuries, one (injury No,1) on his skull and the other at his back, which (latter) fell within the mischief of section 337-L (2), P.P.C. The skull-injury was, however, kept under observation, to be declared later on. Asim Sohail was found semiconscious and disoriented at the time of his medical examination by the medical officer. He struggled for his life for about a week and finally succumbed to the head-injury on 16.12.2016. This injury was allegedly inflicted by Kashif Majeed co-accused, who was armed with a mohri then. The number of injuries, as mentioned in the MLR and the necropsy-report, did not commensurate with the number of accused, who allegedly formed a group of three at the relevant time of the occurrence. The petitioner allegedly injured Mst. Iram Bibi as well and tore her clothes during the occurrence, rendering her semi-naked, but she, like the complainant, did not offer herself for medical examination nor she produced her torn clothes before the police. The delay of nine days in lodging the FIR has not been explained by the complainant expressively, though it may be perceived that he probably remained on the bedside of his son, when he was hospitalized. The I.O. has opined that the petitioner, though remained present at the spot during the occurrence, did not cause any injury to the deceased or anyone else as he was empty handed then. No revenue record is available to substantiate the allegation that he dismantled a pathway with the kassi before the alleged occurrence started. No sota/danda was recovered at the instance of the petitioner during his eleven days physical remand. He allegedly got recovered a kassi on 08.01.2017, which was not used in the occurrence, as opined by the investigating officer. He has been in jail since 28.12.2016 and no more needed by the police for the purpose of any recovery etc. His continued incarceration may be of little consequence to the prosecution case. Sufficient reasons exist to believe that his case calls for further probe into his guilt within the scope of section 497(2), Cr.P.C.
4. Therefore this application is accepted and the petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs,5,00,000/- with two sureties each in the like amount to the satisfaction of the learned Trial Court.