2003 PLP 1736 (MLD)
RASHID-UZ-ZAMAN alias NANHA — Petitioner Versus THE STATE — Respondent
| Citation | 2003 PLP 1736 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RASHID-UZ-ZAMAN alias NANHA — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 1736 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1736 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1736 (MLD) (RASHID-UZ-ZAMAN alias NANHA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Walayat Ali for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss.302/324/337-C/337-D/337-A(ii)/148/ 149
Accused according to F.I.R. stood saddled with responsibility of indulging in ineffective firing only and nobody had received any injury at the hands of accused-- No crime-empty was recovered from the scene of crime and during investigation no weapon was recovered from possession of accused so as to lend support or corroboration to allegation levelled against him in F.I.R. regarding indulging in firing
Accused did not stand connected with motive set up in the F.I.R.
Question regarding sharing of common object by accused with his co-accused as also the question regarding vicarious liability of accused for offences allegedly committed by his co accused, required further probe and same would be attended to by the Trial Court at the time of trial on the basis of evidence to be led before it
Case against accused called for further inquiry into his guilt within purview of subsection (2) of S.497, Cr.P.C.
Judgment & Decree
Ch. Walayat Ali for Petitioner. Mazhar Iqbal Sindhu for the Complainant. Malik Mahmood Ahmad Rehan for the State. Date of hearing: 20th February, 2003. Through this petition Rashid-uz-Zaman alias Nanha petitioner has sought post-arrest bail in case F.I.R. No.327 registered at Police Station Mananwala, District Sheikhupura on 3-10-2002 for offences under sections 148/302/324/149, P.P.C. Section 337-C, 337-D and 337-A(ii), P.P.C. are said to have been added to the F.I.R. at a later stage.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that according to the F.I.R. the petitioner stands saddled with the responsibility of indulging in ineffective firing only and admittedly nobody had received any injury at the hands of the present petitioner. It is riot disputed that no crime-empty was recovered from the scene of the crime and also that during the investigation no weapons was recovered from the petitioner's possession so as to lend support or corroboration to the allegation levelled against the petitioner in the F.I.R. regarding indulging in firing. Apparently the petitioner does not stand connected with the motive set up in the F.I.R. In these circumstances the question regarding sharing of common object by the petitioner with his co-accused as also the question regarding vicarious liability of the petitioner for the offences allegedly committed by his co-accused are questions which require further probe and the same shall be attended to by the learned trial Court at the time of the trial on the basis of the evidence to be led before it.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. 'This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./R-251/L Bail granted.