GULL SHAHID IQBAL KHAN Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No.66/15 dated 23.02.2015 under sections 302, 34, P.P.C., registered at Police Station Saddar Mianwali.

2. The arguments advanced by learned counsel for the parties have been heard and record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that the petitioner is not named in FIR. He has been implicated in the instant case through supplementary statement got recorded by the complainant on 23.04.2016 i.e. with the considerable unexplained delay of one year and two months after the registration of FIR. In FIR the fatal fire shot on the person of Zafar Iqbal deceased has been specifically attributed to Awais co-accused and after the lapse of fourteen months the complainant has substituted said Awais co-accused with Gull Shahid Iqbal Khan petitioner. It is an admitted fact that the petitioner is real brother of Muhammad Riaz Khan co-accused with whom the complainant side has previous animosity. Admittedly, the petitioner is previous non-convict. He is behind the bars since 11.07.2016; investigation of the case to his extent is complete and he is no more required for further investigation. Mere heinousness of offence is no ground to refuse bail if otherwise the accused becomes entitled to the concession of bail. It goes without saying here that an ultimate conviction and incarceration of a guilty person can be repaired by the wrong caused by a mistaken relief of interim bail granted to him but no satisfactory reprisal can be offered to an innocent person for his unjustified incarceration at any stage of case if he is acquitted in the long run. It is also settled law that benefit of doubt can be given to the accused even at bail stage, therefore, no useful purpose would be served by keeping the petitioner behind the bars at this stage.

3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petiton only.

WA/G-27/L Bail granted.