Ghulam Yasin, the petitioner seeks post arrest bail in, case FIR. No, 133 dated 22.06.2015, under Sections 302, 324, 148, 149, 336, 460 & 337-L(ii), PPC registered at Police Station Saddar Shujabad, District Multan.
2. As per crime report, allegation against the petitioner is that he alongwith his co-accused launched murderous assault upon the complainant party. Petitioner made a fire shot with his repeater which hit at abdomen and arms or complainant. Co-accused of petitioner also gave injuries with their respective weapons to complainant party. Riaz Hussain one of the injured later on succumbed to the injuries.
3. Parties heard. Record perused.
4. As per crime report, petitioner made a fire shot with his operator, pallets of which hit at abdomen and arms of complainant/injured but perusal of MLC of injured reveals that fire shot at abdomen does not exist rather two injuries are on the chest near to nipple while third shot is near temporal region; similarly one injury at arms exist on the person of the witness. This state of affair evinces that ocular account is not in line with the medical evidence; as such, involvement of petitioner in the commission of 'reported crime needs further evidence. Moreover, the petitioner is not accused of firing at the person of deceased. The petitioner is facing incarceration since 19.12.2016, whose trial has yet not been concluded, so till the establishment of the charges levelled against him, he cannot be detained in the jail for an indefinite period of time, thus he is entitled for the relief of bail.
5. For the foregoing reasons, the petition in hand is accepted and petitioner is admitted to post- arrest bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- with two sureties in the like amount to the satisfaction of the learned trial Court.