-Bail after arrest, grant of--During the police remand neither pistol nor motorcycle were recovered from his possession--As per the proceedings of test identification parade, the injured did not identify the petitioner--

 PLJ 2022 Cr.C. (Note) 39

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

----S. 417(2)--Pakistan Penal Code, 1860 (XLV of 1860), S. 394--Bail after arrest, grant of--Further inquiry--During the police remand neither pistol nor motorcycle were recovered from his possession--As per the proceedings of test identification parade, the injured did not identify the petitioner--He was challaned but in none of them he is convicted--Case of petitioner calls for futher inquiry--Bail allowed. [Para 2] A & B

Hafiz Muhammad Abu Bakar Ansari, Advocate for Petitioner.

Mr. Shahid Aleem, APG with for State.

Rana Muhammad Nazir Saeed, Advocate for Complainant.

Date of hearing: 27.4.2021.

 PLJ 2022 Cr.C. (Note) 39
[Lahore High Court, Multan Bench]
Present: Ali Baqar Najafi, J.
USMAN ALEEM @ BALLI @ KOCHI--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 1734-B of 2021, decided on 27.4.2021.

Order

Petitioner seeks post arrest bail in case FIR No. 218/2020, dated 18.03.2020, for offence under Section 394 PPC registered at Police Station Makhdoom Rasheed, District Multan on the allegation that on 16.03.2020 at 10:20 p.m. the son of the complainant namely, Attique-ur-Rehman, a student of Law was coming to home from 17-Kassi Adda when suddenly two unknown persons came on motorbike who tried to snatch the mobile phone from him and when he resisted they fired on his both legs. The complainant heard the sound of firing and along with Shahzaib and Muhammad Nasir came on the spot and saw the occurrence themselves. According to the complainant the assailants can be identified, hence this F.I.R.

2. After hearing the learned counsel for the petitioner, learned Additional Prosecutor General assisted by the learned counsel- for the complainant and perusing the record it is straightaway observed that the identification parade was conducted on 04.06.2020 and the petitioner was arrested on 13.06.2020 but during the police remand neither pistol nor motorcycle were recovered from his possession. As per the proceedings of test identification parade, the injured Attique-ur-Rehman did not identify the petitioner but the complainant Rana Muhammad Akram did with an allegation that the petitioner was driving the motorbike whereas the co-accused, Ali Raza allegedly had fired upon Attique-ur-Rehman. Besides, Nasir Siddique the eye witness did not identify the petitioner. According to the prosecution the petitioner was involved in as many as 12 cases of similar nature i.e. F.I.R No. 858/2019 Police Station Setal Mari, F.I.Rs Nos. 325/2020, 326/2020, 2076/2020, 5/2020, 176/2020, 155/2020, 254/2020, 210/2020, 41/2020, 425/2020 and 218/2020, Police Station Makhdoom Rasheed, District Multan but the fact remains that only in F.I.R No. 858/2019, 325/2020, 326/2020, 210/2020 and 425/2020 he was challaned but in none of them he is convicted. Notably, they did not include any murder case. His active role of allegedly accompanying the co-accused for the commission of Highway Robbery punishable under Section 394, PPC would be seen by the trial Court after recording of prosecution evidence. In view the above circumstances, the case of the petitioner calls for further inquiry into his guilt as contemplated under Section 497(2), Cr.P.C.

3. For what has been discussed above, this petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed