Ashiq Hussain, the petitioner has sought for post-arrest bail in case F.I.R. No.163 dated 12-6-2002, under section 302 read with section 34, P.P.C. Registered with Police Station Sadar, Burewala, District Vehari.
2. Briefly the prosecution case as per the F.I.R. Is that on 12-6-2002 at about 1-30 a.m. Riaz Hussain alias Munay Shah, Ashiq Hussain (present petitioner) and Muhammad Yasin while armed with .30 bore pistol on a motor cycle came to the gate of the house of the complainant. They scaled over the gate and jumped into his house. The light was on in the courtyard there. On his' noise the other family members were up. Riaz Hussain alias Munay Shah raised Lalkara to Imtiaz Ahmed Tahir, his father and said that he will teach him lesson for his day's ago insult. He with the same fired three shots with pistol at him hitting him on his left arm and under the right side of chest. He on the same fell down. Ashiq Hussain and Muhammad Yasin raising their weapons threatened them not to come near them otherwise they would also be dealt with in the same way. So, they out of fear did not go near them. They (accused) then went away with their weapons.
3. The motive behind the occurrence is that a day prior to the same, Riaz Hussain alias Munay Shah alongwith Muhammad Yasin had gone to the shop of his (complainant) father to purchase articles but he refused to give him the same on credit. On the grudge over the same, they committed the above act.
4. It has been contended on, his behalf that he has falsely been roped in; that no over tact at all qua the deceased is ascribed to him; that merely his presence at the spot at the relevant time has been shown; that no recovery was effected from him that in two successive investigations he was found innocent and his name placed in Column No.2 of the report under section 173, Cr.P.C. And the same renders his case as one of further inquiry into his guilt; that he is behind the bars for the last about five months; and that he is previous non-convict.
5. On the other hand, the learned counsel for the State has opposed the petition on the ground that he is named in the F.I.R.; and that he has facilitated his co-accused Riaz Hussain alias Munay Shah in the murder of deceased inasmuch as that he and his co--accused Muhammad Yasin had threatened the witnesses not to come near them otherwise they would also be dealt with similarly.
He, however, has conceded that no recovery was effected from him and that during two investigations he was found innocent and his name placed in Column No.2 of the report under section 173, Cr.P.C.
6. I have carefully considered the submissions made from both sides with the help of the available record.
7. The fact remains that no role to him qua the deceased has been ascribed in the F.I.R. Allegedly he end his co-accused Muhammad Yasin had threatened the witnesses not to come near them otherwise they would also be dealt with in the same way as was the deceased.
8. Admittedly, during the two investigations, he was declared innocent and his name placed in Column No.2 of the report under section 173, Cr.P.C.
9. Admittedly no recovery was effected from him. So, his case certainly calls for further inquiry into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
10. He is stated to be behind the bars and a previous non-convict.
11. I, therefore, find him entitled to bail, the petition, thus, is accepted and he is admitted to bail in the sum of Rs. 1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.