SAFDAR HUSSAIN vs STATE, etc.

ORDER

' Manzoor Ahmad Malik, J.--Petitioner seeks bail after arrest in case FIR No, 162 of 2012, dated 20.01.2012, offence under Sections 302, 34, PPC, registered at P.S. Shafiqabad, Lahore.

2. Precise allegation against the petitioner is that he along with his co-accused armed with their respective weapons assaulted the complainant side. The four fires shot by petitioner hit brother of complainant namely Safdar Ali on the front of his chest and the fires shot by his co-accused Allah Yar hit said Safdar Ali on his head, mouth and hand. Safdar Ali succumbed to the injuries at the spot.

3. After hearing the learned counsel for the petitioner, learned counsel appearing for complainant, learned Law Officer and perusing the available record with their assistance, it has been noted by us that on 11.12.2015, the complainant of the Fir got recorded his statement before the learned trial Court, wherein he stated that he had implicated the accused persons in the FIR Regarding murder of his brother due to misunderstanding and suspicion and that he was satisfied that the present accused had not participated in the occurrence. The other two witnesses of the FIR namely Muhammad Ramzan and Muhammad Amjad also made statements before the learned trial Court and stated that they knew nothing about the occurrence. The learned trial Court, in view of the statements aforesaid, accepted the application under section 265-K, Code of Criminal Procedure of co-accused Allah Yar and acquitted him of the charge. It has been noted that at that juncture petitioner was not before the learned trial Court. It has also been noted by us that as per, FIR, the fires so shot by the petitioner hit the deceased on the front of his chest, whereas a cursory look at the post-mortem of the deceased prima facie reveals that there are three entry wounds from the back of the deceased and three exit wounds on the front of chest of deceased. In this backdrop, the case of the petitioner becomes one of further enquiry falling within the ambit of Section 497(2), Code of Criminal Procedure. So far as ascendance of petitioner for almost four years is concerned, suffice it to observe, mere abscondence or commencement of trial is no ground for refusal of bail, is the petitioner is entitled to the same on the ground of further enquiry. Petitioner is behind the bars for the last 09 months. No useful purpose shall be served by keeping him incarcerated for an indefinite period.

4. For the foregoing, this petition is converted into appeal and the same is allowed. Petitioner Safdar Hussain is allowed bail after arrest (in the instant FIR), subject to his furnishing bail bond in the sum of Rs, 100,000/- (Rupees on hundred thousand only), with one surety, in like amount, to the satisfaction of the learned trial Court.