FAIZ JALANI alias IMRAN MAMA vs The STATE and others

ORDER

ASIF SAEED KHAN KHOSA, J.---Through this petition Faiz Jalani alias Imran Marna petitioner has sought leave to appeal against the order dated 07.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 14747-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 17 registered at Police Station Shera Kot, District Lahore on 13.01.2015 in respect of an offence under section 302, P.P.C. read with section 34, P.P.C.

2. After hearing the learned counsel for the parties and going through the record we have observed that admittedly the murder in issue had remained unwitnessed and although the petitioner's name had figured in the FIR yet his name had been mentioned therein not as a culprit but as a friend of Haji Imdad Hussain deceased. The only pieces of evidence being relied upon by the prosecution against the petitioner are the last-seen evidence, recovery of some mobile telephone sets and recovery of a handcart. Upon our query the learned Additional Prosecutor-General, Punjab appearing for the State has gone through the record of investigation and has informed that there is a Memorandum of Identification of the mobile telephone sets available on the record but the said memorandum does not disclose any mark of identification of the recovered mobile telephone sets so as to connect the same with the deceased. There is no evidence available on the record to establish any connection of the recovered handcart with the murder in question or with the alleged removal of the deadbody by using the said handcart. The only remaining piece of evidence is in the shape of last-seen evidence and the question of proximity vis-a-vis the said piece of evidence shall be attended to by the trial court on the basis of the evidence to be produced before it. In view of the factors noted above and the questions about evidentiary worth of the pieces of evidence available with the prosecution we have found the case against the petitioner to be a case calling for further inquiry into his guilt C within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and consequently Faiz Jalani alias Imran Mama petitioner is admitted to bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the trial court.