PLJ 2023 Cr.C. (Note) 36
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 109--Pre-arrest bail, grant of--Allegation of--Attempt to murder--Supplementary statement--Extra-judicial confession--Accused/petitioner was not at all named in FIR with any sort of allegation and she seemed to have been implicated firstly on supplementary statement of PW recorded--Law Officer frankly conceded to proposition that said supplementary statement of PW wherein an extra judicial confession has been shown to be made by accused/petitioner hardly qualifies to be a valid confession admissible under law--No other evidence whatsoever is available on record connecting accused/petitioner with commission of crime falling within purview of Section 109, PPC--According to learned Law Officer, petitioner remained in contact with co-accused prior to occurrence--This fact alone again is not sufficient to saddle accused/petitioner with crime of abetment--In absence of any legal and admissible evidence, insistence of Investigating Officer to apprehend accused/petitioner reflects malice on his part and in turn entitles accused/ petitioner to grant of relief claimed--Bail accepted.
[Para 3] A
Mr. Muhammad Faisal Bashir Chaudhary, Advocate with Petitioner.
Malik Mudassar Ali, Deputy Prosecutor General for State.
Mr. Bashir Ahmad Khan, Advocate for Complainant.
Date of hearing: 10.5.2022.
PLJ 2023 Cr.C. (Note) 36
[Lahore High Court Multan Bench]
Present: Shakil Ahmad, J.
Mst. SAMINA BIBI--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 1832-B of 2021, decided on 10.5.2022.
Order
This is a petition filed under Section 498, Cr.P.C. by Mst. Samina Bibi, petitioner, seeking pre-arrest bail in case FIR No. 142 of 2021 dated 15.08.2021, registered at Police Station Peer Jaggi, District Layyah, for the offences under Section 324, 109, PPC. Earlier application of the petitioner for the same relief was dismissed by learned Additional Sessions Judge Layyah, vide order dated 16.03.2022.
2. Facts, in brief, as disclosed in the FIR are that on 15.08.2021 at about 4:00 a.m., an unknown person made a fire shot hitting on the forehead of Muhammad Bilal (brother of complainant) who became injured.
3. Having heard learned counsel for the parties, learned Deputy Prosecutor General and upon tentative assessment of the record, it has been noticed that accused/petitioner was not at all named in FIR with any sort of allegation and she seemed to have been implicated firstly on the supplementary statement of PW Rehmat Ullah recorded on 28.10.2021. The learned Law Officer frankly conceded to the proposition that the said supplementary statement of Rehmat Ullah wherein an extra judicial confession has been shown to be made by the accused/petitioner hardly qualifies to be a valid confession admissible under the law. No other evidence whatsoever is available on the record connecting accused/petitioner with the commission of crime falling within the purview of Section 109, PPC. According to learned Law Officer, petitioner remained in contact with co-accused Waqas Nadeem prior to the occurrence. This fact alone again is not sufficient to saddle accused/petitioner with the crime of abetment. In absence of any legal and admissible evidence, insistence of Investigating Officer to apprehend accused/petitioner reflects malice on his part and in turn entitles accused/ petitioner to the grant of relief claimed.
4. The upshot of above discussion is that, petition in hand is accepted and ad-interim pre-arrest bail already granted to accused/ petitioner by this Court vide order dated 24.03.2022 is confirmed subject to her furnishing of fresh bail bonds in the sum of Rs. 100,000/- (Rupees one hundred thousand only) with one twenty in the like amount to the satisfaction of learned trial Court.
(A.A.K.) Bail accepted
0 Comments