--Bail after arrest, grant of --“Lalkara”-- The allegation against petitioners is that upon their instigation by way of raising a lalkara, their co-accused made firing resulting in injuries to three persons-

 PLJ 2024 Cr.C. (Note) 75

[Lahore High Court, Lahore]

Present: Ali Baqar Najafi and Anwaarul Haq Pannun, JJ.

Mst. MAQBOOL TAHIRA and another--Petitioners

versus

STATE etc. --Respondents

Crl. Misc. No. 37742-B of 2022, decided on 4.10.2022.

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

----S. 497(2)--Anti-Terrorism Act, (XXVII of 1997), S. 7--Pakistan Penal Code, (XLV of 1860), Ss. 324, 109, 148 & 149--Bail after arrest, grant of --Further inquiry--“Lalkara”-- The allegation against petitioners is that upon their instigation by way of raising a lalkara, their co-accused made firing resulting in injuries to three persons--The petitioners have not been shown to be armed with any weapon--In view of admitted civil litigation pending between parties and close relationship of petitioners with complainant possibility of their false implication in case cannot be ruled--Out, thus case against petitioners prima facie falls within purview of Section 497(2), Cr.P.C. and is one of further inquiry into their guilt--The question of vicarious liability of petitioners and applicability of Section 7 of Anti-Terrorism Act, 1997 against them can validly be determined by learned trial Court at time of trial--Hence, this petition is allowed.                                                                                        [Para 3] A

Rai Ashfaq Ahmad Kharal, Advocate for Petitioners.

Rai Akhtar Hussain, Additional Prosecutor General for State.

Mr. Muhammad Jawad Zafar, Advocate for Complainant.

Date of hearing: 4.10.2022.

Order

Through this petition, Mst. Maqbool Tahira and Mst. Bushra Khatoon, petitioners seek post-arrest bail in case F.I.R No. 292/2022 dated 23.05.2022, offences under Sections 324, 109, 148, 149, PPC and Section 7 of Anti-Terrorism Act, 1997, registered at Police Station Kotwali, Faisalabad.

2. Heard. Record perused.

3. The allegation against the petitioners is that upon their instigation by way of raising a lalkara, their co-accused made firing resulting in injuries to three persons. The petitioners have not been shown to be armed with any weapon. In view of admitted civil litigation pending between the parties and close relationship of the petitioners with the complainant the possibility of their false implication in the case cannot be ruled. Out, thus the case against the petitioners prima facie falls within the purview of Section 497(2), Cr.P.C. and is one of further inquiry into their guilt. The question of vicarious liability of the petitioners and applicability of Section 7 of Anti-Terrorism Act, 1997 against them can validly be determined by the learned trial Court at the time of trial. Hence, this petition is allowed and the petitioners are admitted to post-arrest bail subject to their furnishing of bail bonds in the sum of Rs. 100,000/- (Rupees one hundred thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Petition allowed