PLJ 2023 Cr.C. (Note) 142
[Lahore High Court, Lahore]
Present: Muhammad Amjad Rafiq, J.
HAMAIL ASHRAF--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 42666-B of 2022, decided on 27.7.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 148 & 149--Bail after arrest, grant of--Further inquiry--Allegation of--Fire-shot with rifle which hit on left leg of deceased--Medical evidence showed injury--Chance of misidentification--It is a prompt FIR wherein two accused are still at large and present petitioner has been assigned specific role--Co-accused have already been admitted to bail and facts highlighted above favour petitioner to extend concession of bail in this case--He is behind bars since his arrest without any progress in trial--No useful purpose would be served to prosecution by keeping petitioner behind bars--All facts and circumstances make case of petitioner that of further inquiry--Bail allowed.
[Para 3 & 4] A & B
2021 SCMR 63, 2013 SCMR 1326, 2012 SCMR 1137, 2022 SCMR 624 & 1984 SCMR 521 ref.
Ch. Rizwan Akbar Chadhar, Advocate for Petitioner.
Rai Asif Mehmood Kharal, D.P.G. for State.
Mr. Asghar Ali Gill, Advocate for Complainant.
Date of hearing: 27.7.2022.
Order
Through this petition, petitioner Hamail Ashraf has sought post arrest bail in case FIR No. 534 dated 22.07.2021 registered under Sections 302, 148 & 149, PPC at Police Station Chak Jhumra, Faisalabad.
2. Heard. Record perused.
3. The petitioner was under the allegation of making fire shot with rifle which hit on the left leg of Qaisar Ijaz deceased. The petitioner was arrested on 01.092.021, no recovery was effected from him and he was declared innocent during the investigation but later due to change of investigation his remand was again obtained on 23.12.2021 and a rifle was secured on his lead, however, such rifle was when sent to Punjab Forensic Science Agency for its matching with the crime empties the report received in negative. Medical evidence shows that injury attributed to the petitioner carries size of 0.5 x 0.5 cm. Such injury with paid measurement cannot be caused with a rifle and a chance of misidentification of role cannot be ruled out particularly when one Qasim was armed with rifle 12-bore. Learned counsel for the petitioner in support of his contentions placed reliance on judgments reported as “Haseeba Taimor Afridi versus The State and another” (2013 SCMR 1326), “Ehsan Ullah versus The State” (2012 SCMR 1137), “Ihtisham Ali Cheema versus The State and another” (2022 SCMR 624) and “Amir Ali and others versus The State” (1984 SCMR 521). On the other hand, learned counsel for the complainant states that it is a prompt FIR wherein two accused Bilal and Suleman are still at large and the present petitioner has been assigned the specific role.
4. Be that as it may, it has been observed that co-accused Qasim and Faizan have already been admitted to bail and the facts. highlighted above favour the petitioner to extend concession of bail in this case. He is behind the bars since his arrest without any progress in the trial. No useful purpose would be served to the prosecution by keeping the petitioner behind the bars. All the facts and circumstances make the case of the petitioner that of further inquiry. Hon’ble Supreme Court of Pakistan in the case “Jahanzeb and others versus State through A.G. Khyber Pakhtunkhwa Peshawar and another” (2021 SCMR 63), with reference to Section 497, Cr.P.C., has held as under:
“Perusal of the aforesaid provision reveals the intent of the legislature disclosing pre-condition to establish the word “guilt” against whom accusation is levelled has to be established on the basis of reasonable ground, however, if there exists any possibility to have a second view of the material available on the record then the case advanced against whom allegation is levelled is entitled for the relief in the spirit of Section 497(2), Cr.P.C.”
5. In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs. 200,000/-with one surety in the like amount to the satisfaction of the trial Court.
(A.A.K.) Bail allowed
0 Comments