Ss. 302, 148 & 149--Post-arrest bail, grant of--Case of two versions--Member of unlawful assembly--Common object of qatl-e-amd--Allegedly, petitioner emerged at crime scene along-with his co-accused while armed with his weapons-

 PLJ 2022 Cr.C. (Note) 179

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

----S. 497--Pakistan penal Code, (XLV of 1860), Ss. 302, 148 & 149--Post-arrest bail, grant of--Case of two versions--Member of unlawful assembly--Common object of qatl-e-amd--Allegedly, petitioner emerged at crime scene along-with his co-accused while armed with his weapons--Investigating agency after a thorough probe concluded that petitioner along-with his co-accused was present at crime scene empty handed, thus, no recovery was effected from petitioner during investigation--In circumstances, it is a case of two versions one introduced/described by complainant and other found by investigating agency--Petitioner is in jail and since then, trial has not witnessed any progress and by now, it is settled that no body can be detained in jail by way of advance punishment and ever accused is entitled to speedy trial--All these considerations rendered case against petitioner one of thorough probe within meaning of Section 497, Cr.P.C.--Bail allowed.                                                [Para 3] A & B

2012 SCMR 1137.

Syed Karamat Ali Naqvi, Advocate for Petitioner.

Mr. Shabbir Ahmad, Deputy Prosecutor General for State.

Mr. Mushtaq Ahmad Dhoon, Advocate for Complainant.

Date of hearing: 23.9.2021.

 PLJ 2022 Cr.C. (Note) 179
[Lahore High Court, Lahore]
Present: Sardar Ahmed Naeem, J.
KHALIL AHMAD--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 45271-B of 2021, decided on 23.9.2021.

Order

Khalil Ahmad, petitioner seeks post arrest bail in case registered vide FIR No. 108 dated 22.2.2021 at Police Station Sadar Wazirabad, Gujranwala for offences under Sections 302,148,149, PPC.

2. Allegedly, the petitioner being member of unlawful assembly and in prosecution of its common object committed Qatl-i-Amd of Muhammad Asjad, the deceased.

3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 22.2.2021 after Esha prayer but was reported on 22.2.2021 at 11:45 p.m. No plausible explanation is forthcoming on record for such delay. Admittedly the injuries sustained by the deceased have not been attributed to the .petitioner. Allegedly, the petitioner emerged at the crime scene along-with his co-accused while armed with his weapons. The investigating agency after a thorough probe concluded that the petitioner along-with his co-accused namely, Shabbir was present at the crime scene empty handed, thus, no recovery was effected from the petitioner during the investigation. In the circumstances, it is a case of two versions one introduced/described by the complainant and the other found by the investigating agency. In similar circumstances, the apex Court in case titled Ehsan Ullah v. The State" (2012 SCMR 1137) admitted the accused to bail. The petitioner is in jail since 09.5.2021 and since then, the trial has not witnessed any progress and by now, it is settled that no body can be detained in jail by way of advance punishment and every accused is entitled to speedy trial. All these considerations rendered the case against the petitioner one of thorough probe within the meaning of Section 497, Cr.P.C.

4. For the foregoing reasons, the application is allowed and the petitioner is admitted to post arrest bail subject to furnishing his bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court/Duty Judge.

(A.A.K.)          Bail allowed