2019 PLP 572 (SCMR)
MUHAMMAD ARSHAD and another — Petitioners Versus The STATE through P.-G., Punjab and others — Respondents
| Citation | 2019 PLP 572 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mansoor Ahmad Malik and Sardar Tariq Masood, JJ |
| Parties | MUHAMMAD ARSHAD and another — Petitioners Versus The STATE through P.-G., Punjab and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 572 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 572 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mansoor Ahmad Malik and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 572 (SCMR) (MUHAMMAD ARSHAD and another — Petitioners Versus The STATE through P.-G., Punjab and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.A. Raza Khan Qasuri, Advocate Supreme Court, Malik Matee Ullah, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners.
- Ch. Muhammad Sarwar Sidhu, Additional P.-G., Mumtaz Ahmed, DPO and Shahid Nisar, I.O. for Respondents Nos. 1-3.
- Ch. Munir Sadiq, Advocate Supreme Court and Syed Ali Imran, Advocate Supreme Court for Respondent No.4.
Headnotes / Summary
(Against the Order dated 05.11.2018 passed by Lahore High Court, Lahore in Criminal Miscellaneous No. 234263-B of 2018)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302, 324, 109, 148, 149 & 427
Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly, mischief causing damage to the amount of fifty rupees
Accused persons sought bail on the ground that on the relevant date and time of the incident in question, they were confined in jail in connection with other cases
Police confirmed that on the relevant date and time, both the accused persons were confined in jail, however, as per police investigation, they were responsible to the extent of conspiracy/abetment of the present offence
Prosecution and complainant were not able to point out any evidence from the record regarding conspiracy/abetment by the accused persons
Worth and evidentiary value of the plea of alibi taken by the accused and their involvement in the present case to the extent of conspiracy/abetment was to be determined by the Trial Court, after recording evidence of the parties
Presently case against the accused persons called for further inquiry within the ambit of S. 497(2), Cr.P.C., and accordingly they were released on bail.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Through this petition, the petitioners have called in question the order dated 05.11.2018, whereby a learned Division Bench of the Lahore High Court, Lahore refused them bail in case FIR No.28 dated 09.01.2018, offence under sections 302, 324, 148, 149, 427, 109, P.P.C. later added section 7 of the Anti-Terrorism Act, 1997, registered at Police Station City District Mianwali.
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that allegation against the petitioners, as per FIR, is that on the fateful day and time, they along with their co-accused armed with firearm weapons, made an assault on the complainant side, as a result whereof five persons lost their lives and eight persons sustained firearm injuries. The petitioners are asking bail on the ground that on the relevant date and time, they were confined in Central Jail Rawalpindi: petitioner No.1 Muhammad Arshad was booked in case FIR No.12/2018 dated 07.01.2018, offence under sections 13/20/65, Arms Ordinance; petitioner No. 2 Muhammad Akram was booked in case FIR No.11/2018 dated 07.01.2018, offence under section 9(b) of the Control of Narcotic Substances Act, 1997 and they were released on bail on 11.01.2018 and 15.01.2018 respectively. On the last date of hearing, DPO Mianwali was directed to ascertain as to whether petitioners were actually confined in Central Jail, Rawalpindi when the fateful incident took place. DPO Mianwali is present in Court and states that he has verified the fact that on the relevant date and time, both the petitioners were confined in Central Jail, Rawalpindi in aforementioned criminal cases. He, however, states that as per police investigation, the petitioners are responsible to the extent of conspiracy/abetment. Nevertheless, learned Additional Prosecutor General assisted by the learned counsel for the complainant was not able to point out any evidence from the record regarding conspiracy/abetment by the petitioners. The worth and evidentiary value of the plea of alibi taken by the petitioners and their involvement in this case to the extent of conspiracy/abetment shall be determined by the learned trial Court, of course, after recording evidence of the parties. At the moment, the case against the petitioners calls for further inquiry within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant petition is converted into an appeal and the same is hereby allowed. The appellants-Muhammad Arshad and Muhammad Akram are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.200,000/- (two hundred thousand) each, with one surety each in the like amount to the satisfaction of the learned trial Court. MWA/M-7/SC Bail granted.