2017 PLP 229 (YLRN)
ZAHID SALEEM SHAH — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 229 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Abdul Sami Khan, J |
| Parties | ZAHID SALEEM SHAH — 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 229 (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 229 (YLRN)?
The case was heard and decided by the Lahore 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 229 (YLRN) (ZAHID SALEEM SHAH — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Iftikhar Ahmad for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302, 148 & 149
Qatl-i-amd, rioting, common object
Deeper appreciation, was not allowed at bail stage
Accused, was nominated in the FIR, and role of ineffective firing was attributed to him
Accused having not caused any injury to the deceased, vicarious liability of accused in the commission of alleged occurrence, would be determined by the Trial Court after recording evidence
Accused, was previous non-convict; and never involved in any other case
Accused, was behind the bars since six months without any fruitful progress in conclusion of the trial
Investigation of the case was complete; and accused was no more required for further investigation, his further incarceration in jail would not serve any useful purpose
Mere heinousness of offence was no ground to refuse bail to accused, who had become entitled for concession of bail
Case of accused being one of further inquiry, covered under subsection (2) of S.497, Cr.P.C., accused was allowed bail, in circumstances. [Paras. 2 & 3 of the judgment]
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.273/2015 dated 02.05.2015 under Sections 302, 148, 149, P.P.C., registered at Police Station Thikriwala, District Faisalabad.
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 although the petitioner is nominated in the FIR yet no specific role has been attributed to him and only the role of ineffective firing is attributed to him therein. Even otherwise, the petitioner has not caused any injury to the deceased, so the vicarious liability of the petitioner in the commission of alleged occurrence shall be determined by the learned trial Court after recording evidence. The petitioner is previous non-convict and never involved in any other case. He is behind the bars since 19.05.2015 without any fruitful progress in conclusion of his trial. Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. Mere heinousness of offence is no ground to refuse bail to the accused, who otherwise becomes entitled for this concession.
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 bonds in the sum of Rs.100,000/- (Rupees one 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/Z-19/L Bail granted.