ABDUL SAMI KHAN, J.---Petitioners Saeid and Jaffer through this criminal miscellaneous seek post-arrest bail in case FIR No, 304/2017 dated 1.7.2017 registered under sections 302, 324, 337-A(i)
(ii), 337-F(i), 337-L(2), 447, 511, 337- H(2), 148, 149, P.P.C. at Police Station Bhowana, District Chiniot.
2. As per FIR, the petitioners are accused of assaulting upon the complainant's party as a result of which nine persons sustained injuries, out of which, one Malik Khan died due to succumbed of injuries.
3. Arguments heard. Record perused.
4. It is found that FIR of the case was lodged after the delay of about three days without any plausible explanation, which means that the same has been registered after consultations and deliberations. Further the injury of injured Mansabdar at his forehead attributed to petitioner Saeid has been declared as Shajjah-i-Mudihah attracting the provisions of 337-A(2) while injury of injured Mst. Sumaira Bibi at her shoulder attributed to petitioner Jaffer is simple in injury attracting the provisions of 337-L(2), P.P.C. Admittedly, there is no repetition on the part of the petitioners and except the above said injuries the petitioners have not caused any injury to any other injured or the deceased. Further in the alleged incident, Umar Daraz, Sarfraz, Mst. Nooran and Mst. Bakhat Bibi from the petitioner's side also sustained injuries, which fact has been concealed by the complainant while lodging the instant case and vide order dated 9.8.2017, the learned Ex Officio Justice of Peace has directed the Investigating Officer to record the version of the petitioners' side.
It will not be out of place to mention here that vide order dated 24.10.2017 passed in Crl . Misc . No .60067/B/2017, petitioners' co-accused namely Abdullah, Riaz, Noor Ahmad and Fayyaz have already been granted pre-arrest bail. In these circumstances, the case of the petitioners calls for further inquiry into their guilt under subsection (2) of section 497, Cr.P.C. The question of authenticity of the allegation against the petitioners regarding their vicarious liability or sharing common intention for committing the murder of deceased Malik Khan shall be determined by the learned trial Court at trial after recording evidence of the parties. Moreover, the petitioners are no more required to the police for further purpose of investigation as investigation to their extent is complete, as such, no useful purpose would be served by keeping them behind the bars for indefinite period.
5. In view of the above, this petition is accepted and the petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs,1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court concerned.