Complainant has lodged another application to the police nominating Abbas accused on the ground that he has come to know through some reliable sources that the occurrence was committed on behest of Abbas accused.

8. Needless to mention that on 31.8.2015, the complainant has lodged another application to the police nominating Abbas accused on the ground that he has come to know through some reliable sources that the occurrence was committed on behest of Abbas accused. In the attending circumstances, alleged complicity of the petitioner in the commission of crime is necessarily a matter of further inquiry in terms of Section 497(2) Cr.P.C. as per law laid down by the August Supreme Court of Pakistan in cases reported as Ehsan-ullah V. The State (2012 SCMR 1137), Mithu Pitafi V. The State (2009 SCMR 299) and Qamar alias Mitho V. The State and others (PLD 2012 S.C. 222). As regards contention of learned DDPP that petitioner is involved in number of cases of similar nature suffice it to say that there is no conviction on the part of the petitioner in such cases. Guidance is sought from Jafar Hussain alias Jojo v. The State (2008 P.Cr.L.J. 1444).  

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Criminal Miscellaneous (Bails)
11901-B-15

2015 LHC 6650