2017 PLP 279 (SCMR)

MANZOOR AHMAD MALIK, J.

This petition is barred by one day. In the interest of justice, delay in filing the criminal petition is condoned.

2. Petitioner seeks bail after arrest in case FIR No.611 dated 04.11.2014, offences under sections 302, 324, 148, 149, 109, P.P.C., registered at Police Station Saddar Muridkey, District Sheikhupura.

3. After hearing the learned counsel for the petitioner, learned counsel for the complainant and learned Law Officer at some length and perusing the available record with their assistance, we have noted that this FIR has two parts. In the first part, altercation took place between Awais (from complainant side) and Aadil and Ehsan (from the accused side). It is mentioned in the FIR that Awais, Aadil and Ehsan grappled with each other and during this Awais snatched Kalashnikov from Aadil. During the scuffle, the Kalashnikov went off and fires hit Adil and Ehsan (from the accused side). In the second part, it is mentioned that when the complainant party was about to shift injured Awais in the car, petitioner along with his co-accused duly armed reached there and raised lalkara not to spare Rana Saleh and his sons and to avenge old enmity. It is very much clear from the FIR that the unfortunate incident occurred due to previous enmity between the parties which goes back to the year 1987. Although three persons from the complainant side lost their lives, yet two persons from the accused side namely Adil and Ehsan also sustained injuries. The petitioner Qurban has not been attributed any overt act during the occurrence except the role of raising lalkara. In the circumstances of the case, it is for the learned trial Court to determine, after recording evidence pro and contra, whether the petitioner is vicariously liable for the acts of his co-accused. So far as the list of different criminal cases placed on record by the learned counsel for the complainant through C.M.A. No. 486-L of 2016 registered against the accused side in general and petitioner Qurban Ali in particular is concerned, suffice it to observe, at this stage, this Court is only seized of the instant bail application and the effect/impact of the aforesaid criminal record against petitioner and his co-accused is not relevant for disposing of the instant petition. In this backdrop, the case of the petitioner becomes one of further enquiry falling within the purview of section 497, Code of Criminal Procedure. Petitioner is an old man and is behind the bars since 24.05.2015.

4. For the foregoing reasons, this petition is converted into appeal and the same is allowed. Consequently, Qurban Ali petitioner is allowed bail after arrest (in the cited FIR), subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only), with one surety, in the like amount, to the satisfaction of the learned trial Court. MWA/Q-3/SC Bail granted.