After having been fizzled out in obtaining the relief of post arrest bail from the learned subordinate Court, by means of instant petition, the petitioner has sought for the same & relief in a case registered vide FIR No. 323, dated 10.07.2019, offence under Sections 302, 324, 109, 34, PPC, at Police Station Saddar Chichawatni, District Sahiwal, at the instance of Respondent No. 2/complainant, -
2. Concisely , the prosecution story as contained in the crime report is that on 10.07.2019 at about 7.30, AM, he alongwith his co-accused while armed with fire arms weapons in prosecution of their common object/intention committed murder of son of the complainant namely Muhammad Hasnain and caused injuries to Niaz Ahmad and Fakhar Iqbal, the injured PWs. With specificity the role attributed to the petitioner is that he while armed with gun .12 bore made fire shot hitting Niaz Ahmad, the injured PW on his left leg. Hence, instant case was registered.
3. Arguments advanced pro and contra have been heard. Record perused.
4. After hearing learned counsel for the parties and going through the record, it is straightaway observed that that no injury towards the deceased is attributed to the petitioner during the course of commission of crime, however , only injury attributed to him to injured PW Niaz Ahmad which comes within the mischief of Section 337F(i), PPC which is bailable one. So far as arguments of learned counsel for the petitioner that recovery of weapon of offence has been affected from him is concerned, its evidentiary value would be seen by the learned trial Court after recording of prosecution evidence. The petitioner is behind the bars since the date of his arrest and investigation being complete his person is no more required by the police for further investigation. His further incarceration in jail would not serve any useful purpose. Liberty of a , person is a precious right which cannot be curtailed for an indefinite period. The culpability of the petitioner as well as evidentiary value of the recovery would be seen by the learned trial Court during trial after recording of prosecution evidence. Resultantly , the instant petition is allowed and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with two sureties in the like amount to the satisfaction of learned trial Court.
5. Before parting with this order , it is clarified that above observation are tentative in nature and will not cause any prejudice to any of the party . Further , clarified that in case the petitioner does not co-operate in the conclusion of trial, then the learned trial Court will be at liberty to cancel the bail of the petitioner in accordance with law .