ZEESHAN alias SHANI Versus State

ABDUL SAMI KHAN, J.--- Through this petition under section 497 Cr.P.C. the petitioner Zeeshan alias Shani has sought post-arrest bail in case FIR No.226/2017 dated 24.07.2017 under sections 302, 109, 34, P.P.C., registered at Police Station Bambanwala District Sialkot.

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 of evidence is not allowed at this stage. It has been noticed by this Court that the petitioner is not named in the FIR rather he was nominated through supplementary statement recorded on the same day wherein he was given the role that he was driving the motorcycle and his co-accused Awais, who was sitting behind him, made fire shot which hit deceased Muhammad Bilal on his right eye. The petitioner has not caused any injury to the deceased, hence, the question of vicarious liability of the petitioner or sharing common intention by him with his co-accused for committing murder of the deceased shall be determined by the learned trial Court after recording evidence. In this respect, reliance can be placed on Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125. Admittedly, the petitioner is previous non-convict. He is behind the bars since 08.08.2017. Investigation of the case is complete and the petitioner is no more required for further investigation. Nobody could be kept in jail for an indefinite period. 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 other 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.1,00,000/- (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.

MQ/Z-10/L Bail granted.