2011 PLP 1376 (YLR)
KHALID ALI — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 PLP 1376 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Anwaarul Haq, J |
| Parties | KHALID ALI — 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 2011 PLP 1376 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1376 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Anwaarul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1376 (YLR) (KHALID ALI — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Shahid Hussain for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302/34
F.I.R. showed that accused along with his brother, who was declared innocent during the investigation, was alleged to have inflicted fist blows to the deceased
Post-mortem report reflected that all injuries were caused by sharp-edged weapon, except two simple injuries by blunt weapon; and those two as per contents of the F.I.R. were collectively attributed to accused and his brother, who had already been granted bail by the Trial Court
Possibility of false involvement of accused being real brother of principal accused, in circumstances, could not be ruled out; and question of his sharing common intention; and vicarious liability required further probe
Accused was behind the bars without any progress in trial and even charge had not been framed in the case
Accused, in circumstances was admitted to bail. Mrs. Farzana Shahzad Khan, D.P.-G. with Qadeer Virk, A.S.-I.
Judgment & Decree
MUHAMMAD ANWAARUL HAQ, J.
Khalid Ali petitioner by way of the instant petition has sought his post arrest bail in case F.I.R. No. 536 of 2009, dated 15-7-2009 under sections 302, 34, P.P.C., Police Station Liaqat Abad, Lahore.
2. Learned counsel for the petitioner contends that no specific role is attributed to the petitioner and whatever role is attributed to him is collectively attributed to his co-accused as well, who has already been exonerated during the investigation; that petitioner is behind the bars without any progress in trial and the petitioner is previous non-record holder in any criminal case and that he is entitled to the concession of bail.
3. On the other hand, learned Deputy Prosecutor-General while opposing this petition contends that petitioner is nominated in the F.I.R. and he is vicariously liable for the act of his co-accused who had caused fatal injuries to the deceased. She, however, after consulting the record confirms that no specific injury is attributed to the petitioner and petitioner is not a previous criminal record holder.
4. Arguments heard. Record perused.
5. I have noticed that according to the F.I.R. petitioner along with his brother Arif Ali (declared innocent during the investigation) is alleged to inflict only fist blows to the deceased and post-mortem report reflects all injuries caused by sharp-edged weapon except two simple injuries by blunt weapon and these two as per contents of the F.I.R. are collectively attributed to the present petitioner and his brother Arif Ali who has already been granted bail by the Trial Court. In these circumstances, possibility of the petitioner's false involvement being real brother of the principal accused cannot be ruled out and question of his sharing common intention and vicarious liability requires further 2 probe. Petitioner is behind the bars without any progress in trial and learned counsel for the petitioner states that even charge has not been framed in this case. In these circumstances, I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.2,00,000 (Rupees two lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.
6. It is, however, clarified that observations made herein above are just tentative in nature and strictly confined to the disposal of this bail petition. H.B.T./K-63/L Bail granted.