PLJ 2023 Cr.C. 336
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/440/109/ 148/149--No overt-act--Vicarious liability--Post arrest bail--Grant of--Role attributed to petitioner is that he made fire shot of 12 bore pistol, which hit on tyre of car--No other overt-act is attributed to petitioner--Vicarious liability of petitioner shall be determined by learned trial Court after recording of evidence--Mere heinousness of offence could not impede release of accused on bail if otherwise his guilt calls for further probe, nor bail could be withheld as a strategy of punishment--Petition is accepted. [P. 337] A, B & C
2022 SCMR 1444; 2019 SCMR 1914; 1996 SCMR 1125;
2011 SCMR 902; 2017 SCMR 116 ref.
Khawaja Qaiser Butt, Advocate for the petitioner.
Mr. Hassan Mehmood Khan Tareen, DPG for State.
Mr. Sabir Hussain Bhidwal, Advocate for complainant.
Date of hearing: 16.1.2023.
PLJ 2023 Cr.C. 336
[Lahore High Court, Multan Bench]
Present: Muhammad Tariq Nadeem, J.
MUHAMMAD ZAFAR--Appellants
versus
STATE etc.--Respondent
Crl. Misc. No. 8955-B of 2022, decided on 16.1.2023.
Judgment
Petitioner Muhammad Zafar, has carved for bail after arrest in case FIR No. 1005 dated 05-07-2022 registered under Sections 302, 324, 440, 109, 148, 149, PPC at Police Station City Jampur, District Rajanpur.
2. Succinctly, the facts of the case gleaned out from the contents of crime report are that the petitioner and his co-accused, in furtherance of their common object, formed an unlawful assembly, launched murderous assault upon the complainant party, and committed murder of the complainant’s mother and injured his sister Phaphal Mai as well as brother Amanullah. Hence, the above-mentioned FIR.
3. I have mused over the arguments advanced by the learned counsel for the petitioner and learned Deputy District Public Prosecutor assisted by learned counsel for the complainant assiduously and perused the record minutely with their able assistance.
4. After going through the narration of FIR and evidentiary material collected by the police and presented before this Court, it divulges that role attributed to the petitioner is that he made fire shot of .12 bore pistol, which hit on the tyre of the car, except this no other overt-act is attributed to the petitioner, thus, vicarious liability of the petitioner or his sharing common intention with his co-accused for causing injuries to Phaphal Mai and Amanullah, injured PWs as well as committing murder of the complainant’s mother shall be determined by the learned trial Court after recording of evidence. In this respect, reliance can be placed upon the cases titled as “Mumtaz Hussain and 5 others vs The State” (1996 SCMR 1125), “Manzoor Hussain and another vs. The State” (2011 SCMR 902), “Wajid Ali vs. The State another” (2017 SCMR 116) ‘‘Muhammad Amin vs. The State and another” (2022 SCMR 1444).
5. The petitioner is behind the bars since his arrest. The investigation of the case has already been completed. Nobody could be kept in jail for an indefinite period. Therefore, further incarceration of the petitioner would not serve any useful purpose. Mere heinousness of offence could not impede release of accused on bail if otherwise his guilt calls for further probe, nor bail could be withheld as a strategy of punishment. Reliance is placed upon the case titled as “Husnain Mustafa vs. The State” (2019 SCMR 1914).
6. For the above reasons, this petition is accepted and petitioner Muhammad Zafar is allowed post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 5,00,000/-with two sureties each in the like amount to the satisfaction of learned trial Court.
7. It is, however, clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.
(M.B.A.) Bail allowed
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