' The petitioner is accused of offences under section 302, P.P.C. (0 & D Ordinance) and section 452/148/149, P.P.C., alongwith eight others, vide F.I.R. No.58 of 1992, dated 14-4-1992, registered at Police Station, Kakrali, District Gujrat.
2. According to the F.I.R., in brief, the petitioner is alleged to have participated in the conspiracy that had led to the occurrence in question.
3. The learned counsel contended for bail of the petitioner and submitted that the case is false against the petitioner and that he has been roped in due to enmity. Further submitted that admittedly, the petitioner had neither participated in the occurrence, nor was present at the spot.
Further submitted that the petitioner is neither a previous convict nor is a hardened criminal and that he is no longer required by the police.
4. On the other hand, the learned counsel for the complainant vehemently opposed the present bail petition and submitted that the instant occurrence was a result of the conspiracy hatched by the petitioner alongwith others and that as such he is not entitled to bail. To support his contentions, placed reliance upon Mst. Resham Jan v. Abdur Rehman 1991 SCM R 1849 and Mst.
Nasreen v. Fayyaz Khan and another PLD 1991 SC 412.
5. However, as admittedly the petitioner is not accused of any overt act and it is conceded that he had neither participated in the alleged occurrence, nor was present at the spot, therefore, the case is duly covered by the provisions of subsection (2) of section 497, Cr.P.C. In this respect, reliance is placed on Manzoor and 4 others v. The State PLD 1972 SC 81 and Amir v. The State PLD 1972 SC 277, wherein it has been held that neither the law shall be stretched in favour of the prosecution nor the bail shall be denied as a punishment. Further, reliance is placed on Ismail and 7 others v. The State 1992 PCr.LJ 2182, wherein it has been held that the basic rule was 'bail' and not 'jail', subject to exceptions under the law.
6. Therefore, in view of what has been stated above, the petitioner is Bhereby allowed bail in the sum of Rs,50,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Gujrat.