Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860, Ss. 302, 148 & 149--Bail, grant of--Further inquiry--Role of Japha was attributed to the petitioner who facilitated co-accused to inflict fatal blow--Medical evidence does not corroborate the injury attributed on mouth--Only abrasion is found on the left side of mouth--Fatal injury is attributed to co-accused--Co-accused declared innocent which makes the case of petitioner one of further inquiry--Held: Petitioner cannot be kept behind the bar for an indefinite period--Bail granted. Role of Japha-- ----Role of japha or facilitation--Where the accused attributed role of "Japha" or facilitation, bail had been allowed to them--No useful purpose would be served while keeping the petitioner behind the bar. Bail-- ----Scope of--Grant of bail does not mean of acquittal--Accused but only change of custody from Government Agencies to the Sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever he is received to be produced if after recording the evidence petitioner was found guilty he will be convicted, if petitioner was acquitted from the charge during the trial there will be no reparation for his incarceration. PLD 1995 SC 34, ref. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Through this petition, petitioner seeks post-arrest bail in case FIR No. 267/2007 dated 23.07.2009 registered at Police Station Sahooka, District Vehari, under Sections 302, 148, 149 P.P.C. at the instance of Shah Muhammad, complainant, Respondent No. 2. 2. Briefly allegations against the present petitioner are that on 23.07.2009 at about 12:00 noon, complainant's son Allah Ditta and Muhammad Arshad son of Shaukat Ali were cultivating rice crop in their fields. Meanwhile, Tanveer son of Khursheed, Akhtar came to the field of Shaukat Dogar and had quarreled with Arshad and Allah Ditta. The people had intervened and resolved the dispute. At 8:30 p.m. complainant's son Muhammad Arshad alongwith Allah Ditta were going to Mosque to say Isha prayer. When they reached near the shop of Abdaal, Tanveer armed with Churri, Saifullah armed with dagger and…

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