-Post-arrest bail, grant of-- No overt act--Only tentative assessment is required and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible-

 PLJ 2021 Cr.C. (Lahore) 763

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

----Ss. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Post-arrest bail, grant of-- No overt act--Only tentative assessment is required and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible--Though accused/ petitioner is nominated in FIR and has been burdened with responsibility of facilitating principal accused to reach at place of occurrence on his motorcycle--No overt act towards deceased is attributed to him--Whether petitioner actually participated in occurrence as well as sharing of his common intention with his co-accused, would be adjudged at time of trial--Post-arrest bail was  granted. [P. 764] A

Mr. Asif Ali Chaudhry, Advocate for Petitioner.

Mr. Ashfaq Ahmad Malik, D.P.G. for State.

Kh. Qaiser Butt, Advocate for Complainant.

Date of hearing: 30.3.2021.

 PLJ 2021 Cr.C. (Lahore) 763
[Multan Bench Multan]
Present: Raja Shahid Mehmood Abbasi, J.
ALI ASGHAR--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 998-B of 2021, decided on 30.3.2021.

Order

Through this petition u/S. 497, Cr.P.C., petitioner Ali Asghar, seek post-arrest bail in case F.I.R. No. 554 dated 09.11.2020 registered u/S. 302/34, PPC, at Police Station Model Town Burewala District Vehari.

2. Succinctly, facts as disclosed in the crime report got lodged by Mst. Saima subhan complainant are that on 09.11.2020 at 05:30 pm the petitioner along with his co- accused committed homicidal death of Ali Umair, son of the complainant.

3. Heard. Record perused.

4. This is an application for bail after arrest and only tentative assessment is required and peeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It divulges from record that though the accused/petitioner is nominated in the F.I.R. he has been burdened with the responsibility of facilitating the principal accused Farrukh Farid to reach at the place of occurrence on his motorcycle, who is still behind the bars. Except that no overt act towards the deceased is attributed to him. In view of the above whether the petitioner actually participated in the occurrence as well as sharing of his common intention with his co-accused, would be adjudged at the time of trial. In so far as alleged recovery of motorcycle at the instance of petitioner is concerned, intrinsic value of the same shall be seen at he time of trial. In the afore-referred circumstances the dase of the petitioner requires probe as contemplated in sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest. The investigation to his extent is already complete. No useful purpose would be served by keeping him behind the bars for an indefinite period.

5. Consequently, this petition is allowed and the petitioner Ali Asghar is enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two lac) with one surety in the like amount to the satisfaction of the learned trial Court.

(M.A.B.)         Bail granted