--S. 497(2)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 397, 302 & 412--Post-arrest bail, grant of--Further inquiry--Allegation of--Three unknown accused persons, while armed lethal weapons, entered into goldsmith shop of complainant, looted way gold ornaments--Petitioner is not named in crime report-

 PLJ 2022 Cr.C. (Note) 36

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

----S. 497(2)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 397, 302 & 412--Post-arrest bail, grant of--Further inquiry--Allegation of--Three unknown accused persons, while armed lethal weapons, entered into goldsmith shop of complainant, looted way gold ornaments--Petitioner is not named in crime report--He was implicated in this case on basis of alleged disclosure made by him during investigation of case FIR--Test identification parade of petitioner was conducted and during investigation one pair of gold ear ring and one pair of silver bracelet (Karri) was shown against him--Evidentiary value of alleged recovered articles, being not mentioned in crime report, shall be taken into consideration by trial Court--Petitioner is behind bars for more than 2½ years without substantial progress in conclusion of trial--Delay in conclusion of trial was not conclusively attributed to any of parties--Bail allowed.                                                                             [Para 4] A, B & C

Hafiz Abu-Bakar Ansari, Advocate for Petitioner.

Mr. Ashfaq Ahmad Malik, Deputy Prosecutor General for State.

Date of hearing: 23.9.2021.

 PLJ 2022 Cr.C. (Note) 36
[Lahore High Court, Multan Bench]
Present: Asjad Javaid Ghural, J.
MUHAMMAD TARIQ--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 5522-B of 2021, decided on 23.9.2021.

Order

Though this petition under Section 497, Cr.P.C., petitioner Muhammad Tariq has sought post arrest bail in case FIR No. 269 dated 31.07.2018, in respect of offerees under Sections 397, 302 & 412, PPC, registered at Police Station, Qadirpur-Raan, District Multan.

2. The brief allegation, as contained in the crime report, is that on 31.07.2018 at about 02:00 p.m., three unknown accused persons, while armed lethal weapons, entered into the goldsmith shop of the complainant, looted way gold ornaments weighting 20-tolas and hard cash of Rs. 7000/-, however on resistance by Abdul Rehman, father of the complainant, one of the accused persons caused fire arm injuries at different parts of his body resulting into his death on the way to hospital. They also caused injuries to Suleman Khadim and Mohsin Shahzad, who were present inside the shop. Hence, this case was registered.

3. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State and perused the record.

4. The petitioner is not named in the crime report. He was implicated in this case on the basis of alleged disclosure made by him during investigation of case FIR No. 156/19 dated 12.03.2019, in respect of offence under Section 13 of the Punjab Arms Ordinance, registered at Police Station Alpa, Multan. The test identification parade of the petitioner was conducted on 22.03.2019 and during investigation one pair of gold ear ring and one pair of silver bracelet (Karri) was shown against him. The perusal of record shows that the petitioner was assigned the role of standing outside the shop, whereas his co-accused entered into the shop and committed dacoity with murder, however, he did not cause any injury to the deceased. The evidentiary value of the alleged recovered articles, being not mentioned in the crime report, shall be taken into consideration by the trial Court after recording the evidence. The petitioner is behind the bars for more than 2-½ years without substantial progress in conclusion of the trial. The report submitted by the trial Court vide its letter No. 460 dated 13.08.2021 depicts that the delay in conclusion of the trial was not conclusively attributed to any of the parties. In the aforementioned peculiar circumstances of the case, the culpability of the petitioner with regard to his involvement in this case calls for further probe and inquiry into his guilt within the ambit of subsection (2) of Section 497, Cr.P.C. and, thus, he cannot be kept behind the bars for an indefinite period.

In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.

(A.A.K.)          Bail allowed