PLJ 2023 Cr.C. (Note) 277[Lahore High Court, Lahore]Present: Asjad Javaid Ghural, J.BABAR alias BABRI--PetitionerversusSTATE and another--RespondentsCrl. Misc. No. 17359-B of 2023, decided on 19.4.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 392 & 34--Bail after arrest, grant of--Further inquiry--Allegation of deceased--Fire shot at-- The culprits perpetrating the murder in issue remained unknown until 23.05.222, however during investigation of case FIR in respect of offence under Section 399, 400 & 401, PPC, registered at Police Station, Saddar Chunian, co-accused made a disclosure that they along with the present petitioner followed the deceased on a motorcycle for the purpose of dacoity, the petitioner was riding the motorcycle and co-accused was sitting behind him whereas--Co-accused was on the rear side--They tried to stop the deceased but he did not stop whereupon--Co-accused made a fire shot, which hit the deceased--On the basis of said disclosure--The petitioner was arrested in this case and during test identification parade, he was identified by the eye witnesses--It was an occurrence of pitched dark night and the eye witnesses claimed to have seen the accused when they passed by them before and after the occurrence--In such situation identity of the accused persons after about three months of the alleged occurrence, prima facie speaks volume--During investigation, no piece of evidence connecting the petitioner with the murder in Issue could be brought on record except jointly pointing out the place of occurrence--The petitioner is behind the bars since his arrest i.e. for more than ten months without any substantial progress in the conclusion of trial and his physical custody is not required to the police anymore for further investigation--The case against the petitioner requires further probe and inquiry into his guilt under sub-section (2) of Section 497, Cr.P.C. [Para 4] A & B
Mr. Muhammad Ahsan Nizami, Advocate for Petitioner.
Mr. Javed Iqbal Malik, Advocate for Complainant.
Miss. Rashida Parveen, Asst. Deputy District Public Prosecutor for State.
Date of hearing: 19.4.2023.
Order
Through this petition under Section 497 Cr.P.C. petitioner Babar alias Babri has sought Post arrest bail in case FIR No. 123/22 dated 24.03.2022, in respect of offence under Sections 302, 392 & 34, PPC, registered at Police Station, Saddar Chunian District Kasur.
2. Succinctly, the prosecution case was that on 24.03.2022 at about 08:45 p.m., three unknown accused waylaid the complainant’s nephew namely, Asif near Zaki Patrol Pump and made a fire shot at him, who fell down and succumbed to the injuries at the spot. Hence, this case was registered.
3. I have heard learned counsel for petitioner, learned Law Officer appearing for the State assisted by learned counsel for the complainant and perused the record.
4. The culprits perpetrating the murder in issue remained unknown until 23.05.222, however during investigation of case FIR No. 195/22 dateda 23.05.2022, in respect of offence under Section 399, 400 & 401, PPC, registered at Police Station, Saddar Chunian, co-accused Amir Hussain alias Amri and Ali Nawaz made a disclosure that they along with the present petitioner followed the deceased on a motorcycle for the purpose of dacoity, the petitioner was riding the motorcycle and Ali Nawaz was sitting behind him whereas. Amir Hussain was on the rear side. They tried to stop the deceased but he did not stop whereupon, co-accused Amir Hussain made a fire shot, which hit the deceased. On the basis of said disclosure, the petitioner was arrested in this case on 05.06.2022 and during test identification parade, he was identified by the eye-witnesses. It was an occurrence of pitched dark night and the eye-witnesses claimed to have seen the accused when they passed by them before and after the occurrence. In such situation identity of the accused persons after about three months of the alleged occurrence, prima facie speaks volume. During investigation, no piece of evidence connecting the petitioner with the murder in issue could be brought on record except jointly pointing out the place of occurrence. The petitioner is behind the bars since his arrest i.e. for more than ten months without any substantial progress in the conclusion of trial and his physical custody is not required to the police anymore for further investigation. Keeping in view these facts and circumstances. The case against the petitioner requires further probe and inquiry into his guilt under sub-section (2) of Section 497, Cr.P.C.
In view of what has been discussed 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 like amount to the satisfaction of the trial Court.
(A.A.K.) Petitin allowed
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