2025 PLP 798 (YLR)

Muhammad Waheed Khan, J.

Petitioner, Amir Shahid, is seeking his post arrest bail in case FIR No.436 dated 12.02.2022 registered under sections 302, 324, 148, 149 P.P.C. at Police Station Sabzazar, Lahore. This is 2nd petition on the subject on the ground of statutory delay and his first petition (Crl.Misc.No.28691-B/2022) was dismissed as having been withdrawn after arguing at some length.

2. Precisely, the case of the prosecution as set forth in the First Information Report (FIR) is that on 11.02.2022 at 10:00 p.m. the complainant Manzoor and his brother Younas and his sons Adnan and Irfan were present at Syedpur Chowk when four nominated accused including the present petitioner and three unidentified assailants armed with pistols started straight firing on them. Adnan son of the complainant after receiving fire shots on different parts of his body fell down and succumbed to the wounds, hence, this case.

3. Pro and contra arguments have been heard. Record perused.

4. On having tentative assessment of facts in the light of the arguments advanced by the learned counsel for the parties, it is noticed that the present petitioner is seeking bail on the ground of statutory delay in conclusion of trial. During the pendency of this petition, a report was called from the learned trial Court vide order dated 09.04.2024. In response to that, the learned trial court has submitted the same vide letter No.98, dated 25.04.2024, which reads as under:- "With reference to a letter No.31212/Crl-II (CCB-I and II) of the Honorable Lahore High Court Lahore, bearing endorsement No.5688 dated 19.04.2024, of the office of worthy District and Sessions Judge, Lahore and with reference to an order passed by the Hon'ble Lahore High Court Lahore on 09.04.2024, in Crl. Misc. mentioned in the subject above, it is submitted that challan/ report under sections 173 Cr.P.C. in the above captioned case was entrusted to my learned predecessor and it was received on 03.07.2023. The accused was summoned. In the report under sections 173 Cr.P.C. five accused persons were sent up and out of these five accused Ali Sher, Wahid Abbas, Afaq alias Faqqu and Amir Shahid were produced in custody. The fifth accused Rameez alias Sufiyan alias Sufi was however not produced. It was subsequently learned that the fifth accused Rameez alias Sufiyan alias Sufi is confined at Central Jail, Gujranwala case, therefore, he was accordingly summoned from that jail but he could not be produced in the court because of strikes and lock down by the local Bar here in civil and Sessions Court Lahore. In those days mostly, the prisoners were not produced. All that is narrated in the interim orders of those days. However, on 11.12.2023 the accused Rameez alias Sufiyan alias Sufi was produced in the court at 3:15 pm but subsequently, again due to strikes and protest of lawyers, the prisoners were not produced. Now this court has issued letter to S. P Operation, Sadar Division Lahore to produce the accused from Central Jail Gujranwala otherwise to appear in person in the court on 29.04.2024." On going through the same, it is noticed that the delay in conclusion of the trial is attributed to the strikes observed by the lawyers and one of the accused Rameez who although had already been allowed bail but he is confined in some other case in Central Jail, Gujranwala and he is not being produced by the police despite repeated orders by the learned trial court. Be that as it may, not a single stance was attributed to the present petitioner which caused delay in proceeding with the trial. Learned counsel for the petitioner submits that he himself is representing the accused before the trial court and has tendered his power of attorney on 23.11.2023 which is available on record and this factum is duly figured in the order sheet of the trial court of the said date i.e. 23.11.2023 and since then he is continuously appearing before the court. It is further observed that the petitioner is behind the bars for the last more than two years as he was arrested in this case on 26.02.2022 and since then he is in continuous incarceration. Nothing is available on record that the petitioner or any other acting on his behalf has caused the delay in conclusion of the trial. Even otherwise, the interim order sheet of the trial court annexed with the petition and the report submitted by the trial court showed that the trial is still at initial stage and till date the accused have not been formally indicted. So, under clause (a) to 3rd Proviso of subsection (1) of section 497 Cr.P.C., he earns the statutory right to be released on post arrest bail and as discussed above, the delay is not attributable to the present petitioner. Reliance in this regard may be placed on the ratio decidendi laid down by the august Supreme Court of Pakistan in cases of "Adnan Prince v. The State though P.G. Punjab and others" (PLD 2017 SC 147) and "Shakeel Shah v. The State and others" (2022 SCMR 1). Even otherwise, it is noticed that a CCTV footage is part of the record which factum has been confirmed by the I.O. present in Court and apprises the Court that in CCTV footage three accused persons including the present petitioner were visible while coming at the crime scene but only one person i.e. Affaq was carrying the firearm weapon whereas, the present petitioner and Rameez, co-accused were armed with any weapon. During the course of investigation, nothing incriminating has been recovered from his possession. The other co-accused Rameez has already been allowed post arrest bail by the court of first instance.

5. So, viewing the facts of the case in its totality, I found that the case of the petitioner calls for further probe into his guilt within the ambit of subsection (2) of Section 497 Cr.P.C. Hence, by allowing the instant petition, Amir Shahid, petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs.2,00,000/- (Rupees two lacs) with two sureties each in the like amount to the satisfaction of the learned trial Court. JK/A-39/L Petition allowe