Saturday, 6 February 2016

Bail After Discharge Judgment

PLJ 2015 Cr.C. (Lahore) 249[Multan Bench Multan]
Present: Shah Khawar, J.
BAKHT NAWAZ--Petitioner
versus
STATE and anothers--Respondents
Crl. Misc. No. 6291-B of 2014, decided on 14.1.2015.
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 383 & 109--Bail, grant of--Further inquiry--Petitioner was not nominated in FIR and he was implicated in this case on supplementary statement got recorded by complainant--Complainant moved an application to police accusing present petitioner being facilitator/abettor of commission of offence--Petitioner was arrested and during course or investigation, police declared him as innocent and his discharge before Illaqa Magistrate who did not concur with findings of police--No identification parade test has been conducted as in FIR two unknown accused persons were to be culprits of commission of offence--Moreover, in application five accused persons including petitioner have been implicated whereas in FIR there was only mention of two unknown accused persons--Moreover, petitioner was culprit of offence of conspiracy and main role has been attributed to other co-accused persons--Prosecution could not collect any sufficient material to connect petitioner with commission of alleged offence--Petitioner was behind bars and was no more required to police for further investigation--Even otherwise, case of petitioner squarely falls within ambit of section 497(2), Cr.P.C. as guilt of petitioner in commission of alleged offence needs further probe-Bail was allowed.   [P. 250] A
Malik Saeed Ahmad Gumb, Advocate for Petitioner.
Malik Bakht Yar Mehdi, Advocate for Complainant.
Mr. Abdul Wadood Khan, DPG for Respondents.
Date of hearing: 14.1.2015.
Order
Bakht Nawaz, petitioner seeks bail after arrest in case FIR No. 699 dated 04.12.2013 under Sections 302, 393 and 109 PPC registered at Police Station Saddar JalalpurPirwala.
2.  Precisely, the prosecution story as mentioned in the FIR is that on 04.12.2013 at about 04:45 p.m. while complainant alongwith with PWs by boarding on a car were proceeding towards Hafiz Wala after getting cash from MCB Bank Jalalpur Pirwala near Adda Qureshian, two unknown persons while riding on motorbike were chasing them and on gun point tried to stop their car. While confronting such situation, Ameer Bakhsh PW by taking the cash started running towards fields and when the accused tried to snatch cash from him, Irshad Hussain (deceased) resisted them, upon which aid accused persons made straight fire with their weapons on the person of Irshad Hussain (deceased) which hit him on his different parts of body who succumbed to the injuries at the spot.
3.  Heard. The petitioner is not nominated in the FIR and he was implicated in this case on the supplementary statement got recorded by the complainant. On 08.09.2014, the complainant moved an application to the police accusing present petitioner being the facilitator/ abettor of commission of offence. Petitioner was arrested on 03.10.2014 and during course of investigation, the police declared him as innocent and moved for his discharge before the learned Illaqa Magistrate who did not concur with the findings of the police. No identification parade test has been conducted as in the FIR two unknown accused persons were to be the culprits of commission of offence. Moreover, in application dated 08.09.2014, five accused persons including the petitioner have been implicated whereas in the FIR there is only mention of two unknown accused persons. Moreover, the petitioner is culprit of offence of conspiracy and main role has been attributed to other co-accused persons. The prosecution could not collect any sufficient material to connect the petitioner with the commission of alleged offence. Petitioner is behind the bars and is no more required to the police for further investigation. Even otherwise, the case of the petitioner squarely falls within the ambit of section 497(2), Cr.P.C. as guilt of petitioner in the commission of alleged offence needs further probe.

5.  For what has been discussed above, this petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs.1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court.
6.  However, it is made clear that the above findings are tentative in nature and shall have no bearing on the trial of the case.
(A.S.)  Bail allowed

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