ZAHID SALEEM SHAH Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.273/2015 dated 02.05.2015 under Sections 302, 148, 149, P.P.C., registered at Police Station Thikriwala, District Faisalabad.

2. The arguments advanced by learned counsel for the parties have been heard and record of this case has also 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 although the petitioner is nominated in the FIR yet no specific role has been attributed to him and only the role of ineffective firing is attributed to him therein. Even otherwise, the petitioner has not caused any injury to the deceased, so the vicarious liability of the petitioner in the commission of alleged occurrence shall be determined by the learned trial Court after recording evidence. The petitioner is previous non-convict and never involved in any other case. He is behind the bars since 19.05.2015 without any fruitful progress in conclusion of his trial. Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. Mere heinousness of offence is no ground to refuse bail to the accused, who otherwise becomes entitled for this concession.

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 bonds in the sum of Rs.100,000/- (Rupees one 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 petition only.

HBT/Z-19/L Bail granted.