-Bail was allowed-- Finding of investigating officer--Petitioner has been found by I.O. to have merely abetted crime without being at spot-

 PLJ 2021 SC (Cr.C.) 208

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 302--Finding of investigating officer--Accused was attributed first shot to deceased on his right shin followed by fire shots by co-accused--Effective role qua deceased was assigned--Petitioner has been found by I.O. to have merely abetted crime without being at spot--Number of fire shots sustained by deceased is not commensurate with volley of fires collectively made by assailants--Petitioner, statedly in his late sixties--Bail was allowed.                                           [P. 209] A & B

Mr. Muhammad Ramzan Chaudhary, ASC and Mr. Arshad Ali Chaudhry, AOR for Petitioner.

Mirza Abid Majeed, Deputy Prosecutor-General Punjab for State.

Mr. Sajjad Hussain, ASC for Respondents.

Date of hearing: 15.1.2020.

 PLJ 2021 SC (Cr.C.) 208
[Appellate Jurisdiction]
Present: Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ.
ZULFIQAR--Petitioner
versus
STATE and another--Respondents
Crl. P. No. 1672-L of 2019, decided on 15.1.2020.
(Against order dated 02.12.2019 passed by Lahore High Court, Lahore in Criminal Misc. No. 51181-B of 2019)

Order

Qazi Muhammad Amin Ahmed, J.--Behind bars since 14.06.2019, Zulfiqar, petitioner seeks admission to bail. It is alleged that on the fateful day, he along with his two sons accompanied by three unknown assailants, each armed with a .30 caliber pistol, confronted Muhammad Shakeel Jahangir, deceased in the backdrop of a motive relating to a dispute over property; he is attributed first shot to the deceased on his right shin followed by fire shots by the co-accused. Autopsy revealed three entry wounds. Effective role qua the deceased assigned in the crime report notwithstanding, the petitioner has been found by the Investigating Officer to have merely abetted the crime without being at the spot.

2. Heard. Record perused.

3. Accompanied by two able bodied sons, each lethally armed, whether the petitioner had any occasion to venture the occurrence is an issue to be best settled after recording of evidence. Number of fire shots sustained by the deceased is not commensurate with the volley of fires collectively made by the assailants including the unknown is a circumstance that additionally warrants further probe. Acceptance of plea raised by the petitioner, statedly in his late sixties, is yet another circumstance converging in his favour; his culpability certainly calls for further probe, thus, a case for his release on bail stands made out. The petitioner shall be released on his furnishing bonds in the sum of Rs. 500,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court. The petition is converted into appeal and allowed.

(K.Q.B.)          Bail granted