Through this petition under Section 497, Cr.P.C., the petitioner Abid Hussain, seeks post-arrest bail in case F.I.R.
144 dated 31.07.2018 registered under Section 302/34, PPC, at Police Station Saddar Massan District Jhang.
2. Briefly the facts of the case as per crime report got lodged by Zafar Ahmad complainant are that on 31.07.2018 the petitioner along with his co-accused committed homicidal death of Bahadur , brother of the complainant.
3. Heard. Record perused.
4. This is petition for post-arrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It is straightaway observed that though the accused/petitioner along with his co-accused Nazakat, is nominated in the F.I.R. and specific role of fire-arm injury upon Bahadur (deceased), is attributed to him but the medical history of the deceased reveals that the injury attributed to the present petitioner is an exit wound. In this way the version of the complainant is not in line with the post-mortem report of the deceased. The said conflict between the ocular account and the medical history of Bahadur (deceased) brings the case of the petitioner within the ambit of further inquiry as contemplated in sub- section (2) of Section 497, Cr.P.C. Reliance is placed on the case of Ehsan Ullah vs. The State (2012 SCMR 1137). Taking into consideration the above factual position of the case, the questions of sharing common intention in furtherance of common object by the petitioner with his co-accused as well as vicarious liability of the petitioner for commission of alleged incident, shall be determined by learned trial Court after recording evidence.
5. A background of strained relations between the parties due to family dispute, finds specifically mentioned in the F.I.R. and thus possibility regarding exag geration by the complainant party qua the present petitioner cannot be ruled out. It is settled by now that mere heinousness of the offence is no ground for refusal of bail to an accused if otherwise he is entitled for the bail. Reliance is placed on Muhammad Ramzan (a), Manoon vs. The State (1996.
SCMR 76). Moreover , co-accused Nadeem Ajmal has already been enlarged on bail by the learned trial Court. The petitioner is previously non-convict and non record holder . He is behind the bars since his arrest and is no more required for further investigation. No useful purpose would be served by keeping the petitioner behind the bars.
6. Consequently , this petition is allowed and the petitioner Abid Hussain, is enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (rupees two lac) with one surety , in the like amount, to the satisfaction of the learned, trial Court.