Khair Ullah, petitioner seeks post arrest bail in case FIR No. 104 dated 05.04.2020 offence under Sections 302, 324 148 and 149, PPC (Sections 337-F(ii), 337-A(i), 337-A(ii), 337-L(2), 109 and 34, PPC were added later on) registered at Police Station Piplan District Mianwali.
2. Precisely the prosecution story , as set out in the FIR, is that the petitioner along with his co-accused while armed with their respective weapons committed the murder of Muhammad Sharif (deceased) and launched murderous assault on Muhammad Munir , Bilal, Ghulam Muhammad, Muhammad Rafique and Ijaz Hussain (injured).
3. Heard. Record perused.
4. This is a post arrest bail petition and only tentative assessment of the evidenc e/material produced before the Court can be made at this stage. In the FIR, the role assigned to the petitioner is that he made a fire with .12 bore pistol and its pellets hit Bilal, Ghulam Muhammad, Muhammad Rafique and Ijaz Hussain (injured). No specific locale/seat of injuries of the injured persons was mentioned by the complainant in the FIR. According to the MLRs of Muhammad Bilal and Ghulam Muham mad (injured), they sustained abrasions only and the kind of weapon mentioned in the MLR of Ghulam Muhammad (injured) is "blunt". As apprised by the learned Law Officer under instructions and after perusal of record, the petitioner did not cause any injury on the person of Muhammad Sharif (deceased) and that allegation was confined to the extent of Mian Hamid, co-accused. The question whether the petitioner is vicariously liable for the acts of his co-accused or not will certainly be determined by the learned trial Court after recording of evidence of the parties. Muhammad Bilal, Muhammad Nasir and Nasrullah, co-accused of the petitioner have been allowed post arrest bail by this Court vide order dated 07.08.2020 passed in Crl. Misc. No. 32600-B/2020 and the petitioner is entitled to the same relief on the principle of rule of consistency . The petitioner is behind the bars since 23.04.2020 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of sub-section
(2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is 'admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfactio n of learned trial Court. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner , whatsoever .