Through this application the Petitioner, Ahmad Mehran, seeks post-arrest bail in case F.I.R. No, 533/2016 dated 29-09-2016, that was registered against him at Police Station Saddar Chichawatni, District Sahiwal, for offences under Sections 324/337-F(v)/337-F(iii)/337-F(ii)/337-L(ii)/148/149, PPC.
2. As per FIR, the allegation against the Petitioner is that on 28-09-2018 at 03:00 p.m. he alongwith his co-accused while armed with different weapons formed an unlawful assembly and in prosecution of its common object attacked the complainant party as a result of which Muhammad Wages, Muhammad Jawad and Riaz were injured.
3. I have beard the learned counsel for the parties and have perused the record. At the very outset, it is observed that the FIR in this case was lodged with a delay of one day. Even the medical examination of the injured was conducted 11 hours after the occurrence. The Complainant has not furnished any explanation for these delays which prima-facie indicates consultation and deliberation on his part. The specific charge against the Petitioner is that he was armed with a .30 bore pistol with which he shot at Muhammad Waqas on the back of his left thigh. Indeed, it was not on a vital part of the body and there is no allegation that he fired any second shot at him. In the circumstance, it requires further inquiry to determine whether he had any intention to commit Qatl-i-Amd of Muhammad Waqas. Similarly the question as to whether he is vicariously liable for the acts of his co-accused would be answered after recording evidence at the trial.
4. The Petitioner is behind the bars since 07-05-2018. He has joined the investigation and is not required by the police for any further probe. His continuous incarceration would not serve any useful purpose.
5. For the foregoing reasons, this petition is allowed and the Petitioner is admitted to post-arrest bail subject tr his furnishing bail bonds in the sum of Rs.200,000/- (Rupees two hundred thousand with two sureties in the like amount to the satisfaction of the learned trial Court.
6. The observations made in this order are tentative in nature. The learned trial Court shall decide the case strictly on merits without being influenced by them in any manner.