2017 PLP 97 (YLRN)
AFTAB AHMAD — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 97 (YLRN) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | Abdul Sami Khan, J |
| Parties | AFTAB AHMAD — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 97 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 97 (YLRN)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: Abdul Sami Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 97 (YLRN) (AFTAB AHMAD — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Jalil-ur-Rehman for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302 & 34
Qatl-i-amd, common intention
Case being of bail after arrest, deeper appreciation was not allowed
Accused was not named in FIR, but was involved in the case by the complainant through supplementary statement with the role of facilitating main accused to commit murder
Accused though was present at the spot at the time of occurrence, but he was empty handed and did not cause any injury to the deceased
Co-accused persons, whose role was quite identical to that of accused, had already been acquitted
Question of sharing common intention and vicarious liability of accused would be determined by the Trial Court after recording evidence
Accused who was previous non-convict, was behind the bars since 30-10-2015
Investigation of the case was completed and he was no more required for further investigation
Further incarceration of accused in jail, would not serve any useful purpose
Mere absconsion, was no ground to refuse bail to accused, if otherwise accused became entitled to the grant of bail
Case of accused having become one of further inquiry, he was granted bail after arrest, in circumstances. [Paras. 2 & 3 of the judgment] 2014 SCMR 1502 rel.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.317/2008 dated 31.10.2008 under sections 302 and 34, P.P.C., registered at Police Station Saddar Chakwal.
2. The arguments advanced by learned counsel for the parties have been heard and record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that the petitioner is not named in FIR. He has been involved in the instant case by the complainant through supplementary statement with the role of facilitating main accused to commit murder of Rafaqat Mehmood deceased. During investigation, it has come on record that though the petitioner was present at the spot at the time of occurrence, but he was empty handed and admittedly he did not cause any injury to the deceased. It is also an admitted fact that Mukhtar Ahmad and Shehzada Khan, co-accused, whose role is quite identical to that of the present petitioner have already been acquitted by the learned trial court. Even otherwise, it is settled law that questions of sharing common intention and vicarious liability of the accused shall be determined by the learned trial court after recording evidence. Reliance can be placed upon 2014 SCMR 1502. The petitioner is previous non-convict. He is behind the bars since 30.10.2015. Investigation of the case is complete and he is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. Mere absconsion is no ground to refuse bail if otherwise the accused becomes entitled to the grant of bail.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. HBT/A-32/L Bail granted.