Through this petition u/S. 497, Cr.P.C. Naseer Ahmad Naseeri petitioner, seeks bail after arrest in case F.I.R. No, 333 dated 28.9.2017. under Sections 302/34/109, PPC registered at Police Station Mandi Ahmad Abad District Okara.
2. Briefly the prosecution case mentioned in the crime report lodged by Sajjad Ahmad complainant is that on 27.9.2017 at 9:00 pm the petitioner alongwith their co-accused fired with their respective weapons upon Hammad Ahmad, brother of the petitioner, who succumbed to the injuries when he was being shifted to hospital. The motive behind the occurrence was stated that Hamad Ahmad (deceased) brother of the complainant was pursuing the cases registered against accused persons due to which the accuses persons have committed the occurrence.
3. I have heard learned counsel for the parties as well as. learned D.P.G. and gone through the record with their assistance. This is petition for post-arrest bail and only tentative assessment is required to be made at this stage and deeper appreciation or evaluation of evidence is neither desirable nor permissible. It has been noticed by this Court that according to the statement u/S. 154, Cr.P.C. of Sajjad Ahmad complainant, upon which crime report was lodged, co-accused Jigar Munir @ Jigri, who is nephew of the present petitioner, was attributed the role of causing fire arm injuries on special parts, legs, knees, and upper part of feet of Hammad Ahmad (deceased) and thereafter one fire shot was attributed to the present petitioner on the leg of the deceased that, too without specification of seat of injuries and the recovery effected at the instance of the petitioner does not match with the crime empties secures from the place of occurrence. Out of nine injuries on the person of the deceased on different parts of his body, the only single attribution to the petitioner that too on legs of the deceased where according to post-mortem report there are five entry wounds, suggests that noose has been thrown wider by the complainant to implicate other male members of the family which otherwise is the custom of our society that oftenly the other family members are roped in the case along with the actual perpetrators so that they may not pursue the litigation. Reliance is. placed on the cases of Talib Jan vs. The State and another (2012 SCM R 265). The said aspect of the case itself makes of the petitioner has become one of further inquiry as contemplated under Section 497(2), Cr.P.C. It is settled law that question of sharing common intention and vicarious liability of the petitioner with the main accused, will be determined by the trial Court after recording evidence. So far motive is concerned not a single case of narcotics is registered against the petitioner, hence the motive to the extent present petitioner is also doubtful. It is settled principle of law that for the purposes of bail, law not to be stretched in favour of the prosecution. Benefit of doubt, if any arising, must go to accused even on bail stage. Reliance in this regard is placed on the cases of Amir vs. The State (PLD 1972 SC 277). The investigation of the case to the extent of present petitioner is already complete and he is no more required for further investigation. He is behind the bars since 18.11.2017, without any progress in trial and keeping him behind the bars for an indefinite period will not serve any useful purpose.
6. Consequently this petition is allowed and the petitioner Naseer Ahmad @ Naseeri is enlarged on bail subject to his furnishing bail bonds in sum of Rs. 2,00,000/- (rupees two lace) with two sureties each in the like amount to the satisfaction of the learned trial Court.