' Mazhar Hussain petitioner is an accused person in case F.I.R. No,,309 registered at Police Station Saddar, Arifwala on 27-5-1998 for an offence under section 302/34, P.P.C. The allegation against the petitioner and his co-accused is that they had caused the murder of Mst. Kausar Bibi after Fajr prayer time on 27-5-1998. The petitioner was arrested by the local police in connection with this case on 2-6-1998. His application for post-arrest bail was dismissed by the learned Additional Sessions Judge, Arifwala, vide order, dated 15-9-1998. Hence, the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the documents annexed with this petition, it is noticed that even according to the F.I.R., the petitioner was empty-handed and he had not caused any injury to the deceased. The only allegation against the petitioner was that he had pushed the deceased before his co-accused Nehal Ahmad gave repeated blows to her with a Kassi. The F.I.R. Is also silent about any motivation on the part of the petitioner to join hands with his co-accused Nehal Ahmad for the purpose of commission of murder of the deceased: Thus, the question of vicarious liability of the petitioner for the offence allegedly committed by his co- accused requires further inquiry which exercise shall be undertaken at the time of the petitioner's trial. The petitioner has already spent about eight months in jail. He is no longer required for the purposes of investigation. It irS settled law that bail ought not to be withheld by way of pre-mature punishment.
3. Finding the case of the petitioner to be one of further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is hereby allowed and the petitioner is admitted to bail in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.