2018 PLP 206 (YLRN)
ZEESHAN alias SHANI — Petitioner Versus The STATE and another — Respondents
| Citation | 2018 PLP 206 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Abdul Sami Khan, J |
| Parties | ZEESHAN alias SHANI — 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 2018 PLP 206 (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 2018 PLP 206 (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: 2018 PLP 206 (YLRN) (ZEESHAN alias SHANI — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Kabir Khan for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss. 302, 109 & 34
Qatl-i-amd, abetment and common intention
Scope
Accused was nominated through supplementary statement wherein he was given the role that he was driving the motorcycle and his co-accused, who was sitting behind him, made fire shot which hit deceased on his right eye
Record revealed that accused had not caused any injury to the deceased, hence, the question of vicarious liability of the accused or sharing common intention by him with his co-accused for committing murder of the deceased would be determined by the Trial Court after recording evidence
Accused was, admittedly, previous non-convict who was behind the bars since long whereas investigation of the case was complete and accused was no more required for further investigation
Case of the accused became one of further inquiry as envisaged under subsection (2) of S.497, Cr.P.C
Accused was admitted to bail, in the circumstances. [Paras. 2 & 3 of the judgment] Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125 rel. Muhammad Irfan Zia, Deputy Prosecutor-General and Akhtar Inspector with record.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under section 497 Cr.P.C. the petitioner Zeeshan alias Shani has sought post-arrest bail in case FIR No.226/2017 dated 24.07.2017 under sections 302, 109, 34, P.P.C., registered at Police Station Bambanwala District Sialkot.
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 of evidence is not allowed at this stage. It has been noticed by this Court that the petitioner is not named in the FIR rather he was nominated through supplementary statement recorded on the same day wherein he was given the role that he was driving the motorcycle and his co-accused Awais, who was sitting behind him, made fire shot which hit deceased Muhammad Bilal on his right eye. The petitioner has not caused any injury to the deceased, hence, the question of vicarious liability of the petitioner or sharing common intention by him with his co-accused for committing murder of the deceased shall be determined by the learned trial Court after recording evidence. In this respect, reliance can be placed on Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125. Admittedly, the petitioner is previous non-convict. He is behind the bars since 08.08.2017. Investigation of the case is complete and the petitioner is no more required for further investigation. Nobody could be kept in jail for an indefinite period. 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 other 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.1,00,000/- (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. MQ/Z-10/L Bail granted.