2016 PLP 1 (YLRN)
SHAHID — Petitioner Versus The STATE and another — Respondents
| Citation | 2016 PLP 1 (YLRN) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | Hafiz Shahid Nadeem Kahloon, J |
| Parties | SHAHID — 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 2016 PLP 1 (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 2016 PLP 1 (YLRN)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: Hafiz Shahid Nadeem Kahloon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1 (YLRN) (SHAHID — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nasir Hussain Haideri for Petitioner.
Headnotes / Summary
S. 497 (2)
Penal Code (XLV of 1860), Ss.376(2) & 302
Accused was nominated in the FIR but no overt act qua the allegation of Zina had been attributed to him
Only presence of accused had been established at the spot during investigation
No incriminating evidence was available on record against the accused
No recovery had been effected at the instance of accused
Commencement of trial was no ground for refusal of bail at any stage if accused had succeeded to make out a case of further inquiry
Corpus of accused was no more needed to the police for further investigation
Vicarious liability of accused and the role played by him could be determined at the time of trial after collecting material evidence
Accused could not be detained in custody for indefinite period
Case of accused was that of further inquiry
Accused was admitted to bail in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of Trial Court. [Para. 4, 5, 6 and 7 of the judgment] Rasool Bakhsh v. The State 2003 PCr.LJ 119; Nisar Ahmed v. The State and others 2014 SCMR 27; Syed Khalid Hussain Shah v. The State and another 2014 SCMR 12 and Muhammad Ashfaq v. The State 2008 PCr.LJ 159 rel. Mirza Abid Majeed, Deputy Prosecutor General for the State. Mehroz Aziz Khan Niazi for the Complainant. Fayyaz Ahmad, S.I. with record. ORDER HAFIZ SHAHID NADEEM KAHLOON, J.
Shahid, the accused-petitioner seeks post-arrest bail in case FIR No.214-2014 dated 14.06.2014, registered under Sections 376(2) and 302 P.P.C., at Poplice Station Civil Line, District D.G. Khan.
2. The allegation against the petitioner is that during the midnight of 13/14.06.2014 he along with his co-accused Hafiz Kamal was present at the place of scene at the time of occurrence, while main accused Faisal Iqbal was committing zina-bil jabar with Mst. Yasmin, daughter of the complainant, who (victim) was smeared with blood lying there unconscious. She was escorted to DHQ Hospital, where she was verified to her death.
3. Arguments heard and record perused with the assistance of learned counsel for the parties.
4. Although, the petitioner is nominated accused of the FIR yet no overt act qua the allegation of zina has been attributed to him, but only presence of the petitioner has been established at the spot during the investigation. In this regard reliance can be placed in a case reported as "Rasool Bakhsh v. The State" (2003 PCr.LJ Lahore 119). Moreover, no incriminating evidence is available on record against the petitioner regarding DNA test, rape and no recovery has been effected at the instance of present petitioner.
5. Trial has been commenced and five witnesses have been examined by the prosecution and only private witnesses are yet to be examined. The next date of trial is fixed for 15.09.2015. Reliance is placed reported as "Nisar Ahmed v. The State and others" (2014 SCMR 27) and "Syed Khalid Hussain Shah v. The State and another" (2014 SCMR 12), wherein it has been held that commencement of trial is no ground for refusal of bail at any stage, if accused succeeds to make out a case of further inquiry.
6. The petitioner has been languishing in jail since 14.06.2014. The corpus of present petitioner is no more required to the police for further investigation. The vicarious liability of accused-petitioner and the role played by him would be determined at the time of trial after collecting the material evidence and as such accused-petitioner can not be detained in custody for indefinite period as per law laid down by Superior Court in case reported as "Muhammad Ashfaq v. The State" (2008 PCr.LJ Lah. 159). In such circumstances, the case of the petitioner is that of further inquiry which also comes within the ambit of Section (2) of Section 497 Cr.P.C.
7. The upshot of my above said discussion is that this petition is accepted and the petitioner is admitted to bail in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court. ZC/S-107/L Bail granted.
Judgment & Decree
HAFIZ SHAHID NADEEM KAHLOON, J.
Shahid, the accused-petitioner seeks post-arrest bail in case FIR No.214-2014 dated 14.06.2014, registered under Sections 376(2) and 302 P.P.C., at Poplice Station Civil Line, District D.G. Khan.
2. The allegation against the petitioner is that during the midnight of 13/14.06.2014 he along with his co-accused Hafiz Kamal was present at the place of scene at the time of occurrence, while main accused Faisal Iqbal was committing zina-bil jabar with Mst. Yasmin, daughter of the complainant, who (victim) was smeared with blood lying there unconscious. She was escorted to DHQ Hospital, where she was verified to her death.
3. Arguments heard and record perused with the assistance of learned counsel for the parties.
4. Although, the petitioner is nominated accused of the FIR yet no overt act qua the allegation of zina has been attributed to him, but only presence of the petitioner has been established at the spot during the investigation. In this regard reliance can be placed in a case reported as "Rasool Bakhsh v. The State" (2003 PCr.LJ Lahore 119). Moreover, no incriminating evidence is available on record against the petitioner regarding DNA test, rape and no recovery has been effected at the instance of present petitioner.
5. Trial has been commenced and five witnesses have been examined by the prosecution and only private witnesses are yet to be examined. The next date of trial is fixed for 15.09.2015. Reliance is placed reported as "Nisar Ahmed v. The State and others" (2014 SCMR 27) and "Syed Khalid Hussain Shah v. The State and another" (2014 SCMR 12), wherein it has been held that commencement of trial is no ground for refusal of bail at any stage, if accused succeeds to make out a case of further inquiry.
6. The petitioner has been languishing in jail since 14.06.2014. The corpus of present petitioner is no more required to the police for further investigation. The vicarious liability of accused-petitioner and the role played by him would be determined at the time of trial after collecting the material evidence and as such accused-petitioner can not be detained in custody for indefinite period as per law laid down by Superior Court in case reported as "Muhammad Ashfaq v. The State" (2008 PCr.LJ Lah. 159). In such circumstances, the case of the petitioner is that of further inquiry which also comes within the ambit of Section (2) of Section 497 Cr.P.C.
7. The upshot of my above said discussion is that this petition is accepted and the petitioner is admitted to bail in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court. ZC/S-107/L Bail granted.