-Supplementary statement--Japha--Accused was not named in FIR and he was implicated through supplementary statement of complainant with role of catching hold of one of deceased, who was fired at by co-accused--Criminal petition was converted into an appeal and same was hereby allowed.

 PLJ 2021 SC (Cr.C.) 161

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

----S. 497(2)--Pakistan Penal Code, 1860, Ss. 302/324/201/148/149--Supplementary statement--Japha--Accused was not named in FIR and he was implicated through supplementary statement of complainant with role of catching hold of one of deceased, who was fired at by co-accused--Criminal petition was converted into an appeal and same was hereby allowed.                                                                            [P. 161] A

Mr. Shamim-ur-Rehman Malik, ASC and Syed Rifaqat Hussain Shah, AOR for Petitioner.

Mr. Baleegh-uz-Zaman, ASC for the Complainant along with Complainant in person.

Mirza Abid Majeed, DPG for State.

Date of hearing: 16.11.2020.

 PLJ 2021 SC (Cr.C.) 161
[Appellate Jurisdiction]
Present: Manzoor Ahmad Malik and Mazhar Alam Khan Miankhel, JJ.
AHMAD ALI--Petitioner
versus
STATE and another--Respondents
Crl. P. No. 1198 of 2020, decided on 16.11.2020.
(Against the order dated 12.10.2020 passed by the Lahore High Court, Lahore in Criminal Misc. No. 31391-B of 2020 and Criminal Misc. No. 42701-B of 2020)

Order

Manzoor Ahmad Malik, J.--Petitioner seeks leave to appeal against the order dated 12.10.2020, whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No. 107 dated 15.01.2020, offence under Sections 302, 324, 201, 148, 149, P.P.C., registered at P.S. Madina Town, Faisalabad.

2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that admittedly petitioner is not named in the FIR and he was implicated in this case through supplementary statement of complainant with the role of catching hold of Javed Bashir, one of the deceased, who was fired at by co-accused Haider Ali. There is no allegation against him of causing any injury on the person of either of the deceased. In the

circumstances, case against him calls for further enquiry within the ambit of Section 497(2), Code of Criminal Procedure.

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellant Ahmad Ali is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs. 100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the trial Court.

(K.Q.B.)          Bail granted