Rehman Ali and Salman Ali, petitioners seek post arrest bail in case FIR No. 1395 dated 05.07.2020, offence under Sections 302, 324, 427, 337,-A (i) 337-F (i), 109, 148 and 149, PPC, registered at Police Station Harbanspura District Lahore.
2. Precisely , the prosecution story , as set out in the FIR, is that the petitioners alongwith their co-accused while armed with their firearms made indiscriminate firing upon the car of Kashif Sharif as a result whereof Kashif Sharif and Kashif Asif succumbed to the injuries on the spot whereas one Zohaib sustained injuries during the occurrence.
3. Heard. Record perused.
4. This is a post arrest bail petition and only tentative assessment, of the evidence/material produced before the Court can be made at this staged. In the FIR it is mentioned that the petitioners alongwith their co-accused committed the murder of Kashif Sharif and Kashif Asif by making indiscriminate firing but as apprised by learned Law Officer, it was concluded during the course of investigation vide zimni dated 15.10.2020 that the petitioners were not present on the spot at the time of incident and that Imran Sabir and Ali Ijaz were the main perpetrators of the occurrence who killed both the above said deceased and caused injuries to one Zohaib by making firing. The same findings are also mentioned in the report under Section 173, Cr.P.C. Learned Law Officer has also confirmed that the petitioners are involved in this case only to the extent of making raiki of Kashif Sharif, deceased as well as facilitating their co-accused namely Imran Sabir and Ali Ijaz for the commission of crime, the evidentiary value of said piece of evidence would be determined by the learned trial Court after recording of evidence. Nothing was recovered from the petitioners during the course of investigation. They are behind the bars since their arrest and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioners behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioners calls for further inquiry within the ambit of sub- section (2) of Section 497, Code of Criminal Procedure. Therefore, while relying upon case law titled as "Muhammad Arshad and another vs. The State through P-G, Punjab and others" (2019 SCMR 572), this petition is allowed and the petitioners are admitted to post arrest bail subject to their furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) each with one surety each in the like amount to the satisfaction of learned trial Court. However , with the consent of learned counsel for the parties, learned trial Court, seized of the matter is directed to expedite the trial and try to conclude the same within a period of six months positively . Before parting with this order , it is clarified that the observations made in this order are purely entative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner , whatsoever .