PLJ 2024 Cr.C. (Note) 92
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUZAFFAR--Appellant
versus
STATE etc.--Respondents
Crl. Misc. No. 5967-B of 2022, decided on 4.10.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/337-D/452/148/149--Injury to PW--Bail grant of--Both the Petitioners caused injuries to the injured PW’s--Both the petitioners have not caused any injury to the deceased--One of co-accused, who was assigned role of causing knife blow injury to deceased person has already been admitted to bail--Offence charged against the petitioners are punishable under Section 337-D PPC for which primary punishment is Arsh--It would not be in the fitness of things for keeping the petitioners behind the bars for the purpose of payment of Arsh--The case of the petitioners calls for further inquiry--Both the petitions are allowed. [Para 4] A, B & C
2019 SCMR 516; 2021 SCMR 63 ref.
Khawaja Qaisar Butt, Advocate for Petitioner (in Crl. Misc. No. 5967-B of 2022).
Mr. Muhammad Malik Khan Langha, Advocate for Petitioner (in Crl. Misc. No. 5550-B of 2022).
Ms. Asmat Perveen, DDPP for State.
Mr. Arab Hassan Arif, Advocate for Complainant.
Date of hearing: 4.10.2022.
Order
Through this common order, I intend to decide the titled petition filed by petitioner Muzaffar and connected Crl. Misc. No. 5550-B of 2022 filed by petitioner Muhammad Asif alias Pomi seeking their post-arrest bail in case FIR No. 66 dated 26.02.2021 registered under Sections 302,324,452,148,149,337-D,337-L(2), PPC at Police Station Abdul Hakeem, District Khanewal.
2. Learned counsel for Muzaffar, petitioner states that earlier pre-arrest bail petition of Muzaffar, petitioner was dismissed by this Court vide order dated 23.09.2021 passed in Crl. Misc. No. 5462-B of 2021 but in the opening paragraph it was written as post arrest bail petition, even otherwise his first post arrest bail petition was dismissed as withdrawn simpliciter vide order dated 30.05.2022 passed in Crl. Misc. No. 2885-B/2022, therefore, in the light of dictum laid down by august Supreme Court of Pakistan in case reported as “Nazir Ahmed and another versus The Statte and others” (PLD 2014 Supreme Court 241) this petition was declared as maintainable.
3. Heard. Record perused.
4. Muzaffar petitioner was under the allegation of causing injury with dagger on the ribs of Ramzan, complainant whereas Muhammad Asif alias Pomi, (petitioner caused injury with knife on the belly of Haq Nawaz, Both the injuries attributed to the petitioners attract offence under Section 337-D PPC. Both the petitioners have not caused any injury to the deceased. One of co-accused Ansar Abbas, who was assigned role of causing knife blow injury to Rab Nawaz, deceased has already been admitted to bail by this Court vide order dated 20.07.2022 passed in Crl. Misc. No. 4482-B of 2022. Muzaffar and Muhammad Asif alias Pomi, petitioners are behind the bars since 23.09.2021 and 08.04.2021, respectively. Learned counsel for the petitioners state that there is no progress in the trial, therefore, petitioners are deserved to be released on bail. Learned counsel for the complainant resisted that both the petitioners are not entitled to be released on bail as their act is desperate. It has been observed that offence charged against the petitioners are punishable under Section 337-D, PPC for which primary punishment is Arsh, therefore, while placing reliance on case reported as “Abdul Wahab and others versus The State and others” (2019 SCMR 516), it would not be in the fitness of things for keeping the petitioners behind the bars for the purpose of payment of Arsh and their criminal liability with respect to role played by co-accused, on the principle of vicarious liability, would also be determined by the learned trial Court after recording of evidence. Under the circumstances, the case of the petitioners calls for further inquiry into their guilt within the ambit of sub-section (2) of Section 497, Cr.P.C. The Hon’ble Supreme Court of Pakistan in the case “Jahanzeb and others versus State through A.G. Khyber Pakhtunkhwa Peshawar and another” (2021 SCMR 63), with reference to Section 497, Cr.P.C., has held as under:
“Perusal of the aforesaid provision reveals the intent of the legislature disclosing pre-condition to establish the word “guilt” against whom accusation is levelled has to be established on the basis of reasonable ground, however, if there exists any possibility to have a second view of the material available on the record then the case advanced against whom allegation is levelled is entitled for the relief in the spirit of Section 497(2), Cr.P.C.”
5. In view of what has been discussed above, both the petitions are allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs. 2,00,000/- each with one surety each in the like amount to the satisfaction of the trial Court.
(M.A.B.) Petition allowed
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