Through this petition under Section 497, Cr.P.C., petitioner Yasir Mazhar has sought post arrest bail in case FIR No. 499 dated 08.11.2017, in respect of offences under Sections 302, 109, 148 & 149, PPC, registered at Police Station, Phalia District Mandi Bahauddin.
2. The allegation against the petitioner is that in the morning on 08.11.2017, he alongwith his two nominated and three unknown accused, while armed with Kalashnikovs, launched murderous assault upon Naseer Ahmad, a brother of the complainant and caused fire arm injuries to him resulting into his death at the spot. Hence, this case was registered.
3. I have heard learned Counsel for the petitioner , learned Additional Prosecutor General appearing for the State assisted by learned counsel for the complainant and perused the record.
4. The petitioner has specifically been saddled with the responsibility of causing fire arm injury at the right shoulder of deceased Naseer Ahmad, which was found existent at the time of his post mortem examination. The petitioner was alleged to have made fire shot at the deceased from close range by stopping their motorcycle in front of the motorcycle of the deceased but the medical officer observed no blackening or burning around the aforesaid wound.
During investigation, co-accused Mazhar with the similar role of causing fire arm injury at the flank of the deceased, was found responsible only to the extent of provided abetment, The said co-accused has already been enlarged on post arrest bail by august. Supreme Court of Pakistan vide order dated 28.08.2019' passed in Criminal Petition No. 807/2019.
5. The petitioner was arrested in this case on 31.01.2018 and he is behind the bars for more than 2 1/a years, The report submitted by the learned trial Court qua reasons for delay in the conclusion of trial, shows that the statements of ten prosecution witnesses were recorded but later on due to arrest of co-accused, who was proclaimed offender , the supplementary challan was submitted before the Court on 10.01.2019 and thereafter , the statements of three prosecution witnesses were recorded when the complainant filed a private complaint being dissatisfied from the investigation conducted against the proclaimed offender accused and now, the trial is at the stage of framing of charge. It was conclu ded that the delay occurred due to arres t of the proclaimed offender and then filing of private complaint. In this view of the matter , at this stage the petitioner has earned the right of his release on bail as claimed for .
6. As a sequel of above discussion, the petitioner in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 200,000/- (rupees two lac) with two sureties in like amount to the satisfaction of learned trail Court.