Through this petition under Section 497, Cr.P.C., petitioners Javaid Khan, Sabir Khan and Parvaiz alias Zubiar have sought post arrest bail in case FIR No. 254 dated 1'3.05.2019, in respect of offences under Sections 302, 324, 109, 148 & 149, PPC, registered at Police Station, Yousaf W ala, District Sahiwal.
2. Briefly , the allegations against the petitioners are that on 13.05.2019 at 07:30 p.m. they alongwith five nominated and four unknown accused, while armed with fire-arm weapons, in furtherance of their common object, launched murderous assault upon the complainant party when they were irrigating their land resulting into death of Muhammad Tufail, Muhammad Tariq, Muhammad Yousaf, Irshad Ali and Akbar Ali and fire-arm injuries to Allah Ditta, Mst. Imtiaz Bibi and Mst. Mumtaz Bibi. Hence, this case was registered.
3. I have heard learned counsel for the petitioner , learned Deputy Prosecutor General appearing for the State assisted by the learned counsel for the complainant and perused the record.
4. After arguing the matter at full length, learned counsel for the petitioners opted not to further press this petition to the extent of petitioners Javaid Khan and Sabir Khan. This petition stands dismissed as having not been pressed to their extent .
5. Pervaiz alias Zubair/Petitioner No. 3 (hereinafter call the petitioner) was saddled with the responsibility of causing fire-arm injury at the left thigh of injured Mst. Imtiaz Bibi, which was found available at the time of her medico-legal examination but the same was kept under observation. Learned Law Officer}, on instructions, states that the nature of said injury has not yet been got declared by the investigating officer. During investigation, the petitioner was found to have reached the occurrence empty-handed when the occurrence was already over. All this shows that it is a case of two versions viz-a-viz the present petitioner , one mentioned in the crime report qua his specific role of causing fire-arm injuries to the injured lady at her left thigh and the second one being outcome of the investigating agency wherein the petitioner was found to have reached the place of occurrence empty-handed when it was already over. At this stage of tentative assessment of the record, none of these versions can be taken into account to refuse the concession of bail to the petitioner , who is behind the bars since 28.06.2019 without tangible progress in the conclusion of trial and he is not required to the investigating agency anymore for further investigation. I have found that the case against the petitioner requires further probe and inquiry into his guilt under sub-section (2) of Section 497, Cr .P.C.
For what has been discussed above, the petition in hand to the extent of Parvaiz alias Zubair , Petitioner No. 3 is allowed and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of the trial Court.