MUHAMMAD IMRAN Versus THE STATE

ORDER

Petitioner seeks post-arrest bail in a case registered vide F.I.R. No.255 of 2003 dated 19-7-2003 under sections 302, 148/149, P.P.C. Police Station, City Ahmadpur East, District Bahawalpur.

2. It is alleged in the above-referred F.I.R. by the complainant that the accused named therein including the petitioner armed with Pistols riding on Motorcycles reached the place of occurrence at about 6-30 p.m. on 19-7-2003 and launched a criminal assault on Muhammad Nasir (complainant's nephew) by using their respective weapons resulting in his death.

3. Arguments heard. Record perused.

4. It is not denied that in the investigations conducted by the S.H.O. of the concerned police station and a D.S.P., petitioner was found to be innocent and there is no allegation that such a finding was tainted with malice; that the crime weapon Pistol .30 bore with which the petitioner was shown to be armed, has not been recovered despite being remained on physical remand; that the specific role of causing injuries by their respective fire arms on the person of the deceased was attributed to the other accused namely Muhammad Attique alias Mona, Muhammad Nasir, Rizwan, Shafique and Safdar and the injuries allegedly caused by these accused and found to be fatal tallied with the post-mortem report, thus, sharing of common intention by the petitioner with the other accused persons is yet to be determined; that the petitioner is behind the bars since 17-9-2003; that the petitioner does not have any previous history of his involvement in such-like cases.

5. For what has been stated above, presently, the case of the petitioner falls within the ambit of further inquiry, therefore, this petition is allowed by' admitting the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs.2,00,000 (Two lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.

6. It is stated that the challan has already been submitted and the next date or further proceedings in the trial Court is 28-9-2004. Keeping in view the peculiar circumstances of the case, it is appropriate to direct the learned trial Court to conclude the trial within a period of four months from the said date. Order accordingly.

H.B.T./M-705/L Bail granted.