Ss. 302, 148 & 149--Bail after arrest, grant of--Allegation of--Murder of deceased--Investigating Officer has recorded version of eyewitnesses mentioned in statement of PW and they also attributed fatal injury to injured-

 PLJ 2021 Cr.C. (Note) 105

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

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 148 & 149--Bail after arrest, grant of--Allegation of--Murder of deceased--Investigating Officer has recorded version of eyewitnesses mentioned in statement of PW and they also attributed fatal injury to injured--When petitioner is simply present at place of occurrence without causing any injury to deceased or PWs then in such circumstances, whether he is vicariously liable shall be decided by trial Court after recording of evidence--During investigation, Investigating Officer concluded that fire-arm injury which was fatal to deceased was caused by petitioner but in support of opinion of Investigating Officer no iota of evidence is available on file and mere ipsi dixit of police is not binding on Court--Petitioner is behind bars since arrest, investigation of case is complete, he is no more required for purpose of investigation and at this stage to keep him behind bars before conclusion of trial will serve no useful purpose--Bail was allowed. [Para 2] A, B & C

Malik Aftab Abbas Khan, Advocate for Petitioner.

Mirza Abid Majeed, DPG for State.

Mr. Muhammad Rahat Javed, Advocate for Complainant.

Date of Hearing: 27.5.2016.

 PLJ 2021 Cr.C. (Note) 105
[Lahore High Court, Multan Bench]
Present: Muhammad Qasim Khan, J.
MUHAMMAD IRFAN--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 2291-B of 2016, decided on 27.5.2016.

Order

The petitioner seeks post arrest bail in case FIR No. 207/2015 registered under Sections 302, 148, 149, PPC at Police Station Kohna, Khanewal.

2. I have heard the learned counsel for the parties as well as learned DPG at length, perused the record and observed that:-

I)       The above referred case FIR, for the murder of deceased namely Muhammad Sajjad, was registered on the complaint of Muhammad Sharif son of Ghulam Farid who is father of the petitioner and as per story of FIR, the petitioner is an eyewkness of the occurrence.

II)      After registered of the case, Muhammad Iqbal, father of the deceased approached to the learned Ex-Officio Justice of Peace and under the direction of learned Ex-Officio Justice of Peace, version of the father of deceased was recorded through case diary No. 9 dated 04.8.2015 with different facts, different set of accused and different set of witnesses as compared to the FIR.

III)     In the version of the father of deceased namely Muhammad Iqbal (complainant of second version) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.

IV)     The Investigating Officer has recorded the version of eyewitnesses mentioned in the statement of Muhammad Iqbal and they also attributed fatal injury to Allah Ditta son of Haqnawaz. When the petitioner is simply present at the place of occurrence without causing any injury to the deceased or PWs then in such circumstances, whether he is vicariously liable shall be decided by the learned trial Court after recording of the evidence.

V)      During investigation, the Investigating Officer concluded that fire-arm injury which was fatal to the deceased was caused by the petitioner but in support of opinion of the Investigating Officer no iota of evidence is available on the file and mere ipsi dixit of police is not binding on the Court.

VI)     The petitioner is behind the bars since arrest, investigation of the case is complete, he is no more required for the purpose of investigation and at this stage to keep him behind the bars before conclusion of trial will serve no useful purpose.

3. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 2,00,000/- (two lacs) with one surety in the like amount to the satisfaction of trial Court.

(A.A.K.)          Bail allowed