Kamran and Kaleem Akhtar alias Nadir, petitioners seek post bail in case FIR No, 515 dated 25.11.2017 under Sections 302, 148, 149, PPC registered at Police Station City Vehari, District Vehari.
2. Allegedly, the petitioners being members of unlawful assembly and in prosecution of its common object committed Qatl-e-Amd of Muhammad Younas, the deceased.
3. After hearing the learned counsel for the parties and perusing the record, it was straightway observed that no time of occurrence find mentioned in the FIR. Apart from general allegation of causing injury, a kick blow was attributed to Kamran, the petitioner whereas, no other role has been assigned to Kaleem Akhtar alias Nadir. The cause of death in this case was Myocardial infarction and asphyxia opined by the medical officer. None of the injury attributed to the petitioners was fatal. They are behind the bars since their arrest and their continuous detention for indefinite period would not advance the case of prosecution, in particular, when the investigation is complete. The commencement of trial is also not clog in the way of grant of bail when an accused is entitled to the same; Ref: "Muhammad Ismail v. Muhammad Rafique and another" (PLD 1989 SC 585) and "Mst.
Maria Khan v. The State and another" (2013 SCM R 49). All these considerations render the case of the petitioners one of thorough probe within the meaning of Section 497(2), Cr.P.C., thus, I am inclined to exercise my discretion in their favour.
4. For the foregoing reasons, the instant application is accepted and the petitioners are admitted to post arrest bail subject to furnishing their bail bonds in the sum of Rs.2,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court/Duty Judge.