' Muhammad Sharif is an accused person in case F.I.R. No,594 registered at Police Station Saddar, Dunyapur, District Lodhran on 7-10-1998 for an offence under section 302/34, P.P.C. The allegation against the petitioner and his three co-accused is that at about midnight during the night between 6 and 7-10-1998 they had committed the murder of Muhammad Ismail, father of Mst. Razia complainant. The petitioner was arrested by the local police in connection with this case on 22-10- 1998. His application for post-arrest bail was dismissed by the learned Sessions Judge, Lodhran vide order, dated 27-1-1999. Hence, the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner was not properly identified in the F.I.R. To be the culprit who had perpetrated the offence and only a suspicion had been expressed regarding his involvement in this respect. During the three investigations conducted by the police in this case the petitioner was repeatedly found to be innocent and resultantly a report seeking discharge of the petitioner had been submitted by the local police. It is not disputed that during all these investigations no recovery of a weapon of offence was effected from the petitioner. The learned counsel for the complainant has pointed out that three prosecution witnesses had sworn affidavits to the effect that the petitioner was present with his co-accused at the scene of the crime when Muhammad Hanif co-accused had fired the solitary shot at the deceased. Suffice it to observe for the limited purpose of this petition that the said affidavits had admittedly been sworn after more than a month of the occurrence and even according to the affidavits the petitioner was empty-handed and had not played and active role during the occurrence. The worth and evidentiary value of such affidavits shall be gone into at the time of the trial. As regards the suspicion expressed against the petitioner in the F.I.R. It goes without saying that suspicion howsoever, strong can never be a proper substitute for proof beyond reasonable doubt required in a criminal case. For the present the prosecution is bereft of any such proof against the petitioner. Merely because the petitioner and his other co-accused were locked in civil litigation with the deceased prima facie cannot positively connect the petitioner with the offence alleged against him.
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) with one surety in the like amount to the satisfaction of the learned trial Court.