2013 PLP 487 (YLR)
SHER ALI — Petitioner Versus The STATE and another — Respondents
| Citation | 2013 PLP 487 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Khalid Mahmood, J |
| Parties | SHER ALI — 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 2013 PLP 487 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 487 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Khalid Mahmood, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 487 (YLR) (SHER ALI — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Mustafa Khan Swati for Petitioner.
- M. Nawaz Khan Swati, A.A.-G. for Respondent.
- Date of hearing: 13th January, 2012.
- 3. Learned counsel for petitioner argued that accused petitioner is innocent and has falsely been involved in the case with mala fide intention for catching hold of the deceased. It was argued that the occurrence took place suddenly and presence of accused petitioner, as shown by the complainant, is fabricated and house of petitioner is allegedly situated at a distance of half furlong from the place of occurrence. It was argued that investigation in the case is complete and petitioner is no more required by the local police for investigation purposes.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 302/324/34
Attempt to commit qatl-e-amd, causing disappearance of evidence of offence, or giving false information to screen offender
Allegation against the accused was that he caught hold of the deceased and facilitated his son/co-accused, who stabbed the deceased on his chest
Spur of the moment occurrence
No motive was advanced in the F.I.R.
Place of occurrence was situated at a distance of half furlong from the house of the accused
Prosecution witnesses were at variance regarding place of occurrence
Accused was aged 62 years, and his act of catching hold of the deceased and facilitating his son/co-accused for giving blow on the chest of the deceased required further inquiry
No blood was recovered from the place of occurrence, which transpired from the site plan and from the statement of the prosecution witnesses
Guilt of accused needed further inquiry, consequently he was released on bail. Muhammad Akhtar v. State 1995 SCMR 310; Shaukat v. State 1994 SCMR 393 and Ali Shah v. State 2002 PCr.LJ 707 rel. Dildar Ahmad Khan for the Complainant.
Judgment & Decree
KHALID MAHMOOD, J.
Petitioner Sher Ali seeks his release on bail in case F.I.R. No.231 dated 18-8-2012 under sections 302/324/34, P.P.C. Police Station Garhi Habibullah as he has been declined such relief by the Courts below.
2. As per contents of F.I.R., the complainant charged the accused petitioner for catching hold of the deceased for facilitating the co-accused Gul Zareen, who stabbed the deceased in his chest.
3. Learned counsel for petitioner argued that accused petitioner is innocent and has falsely been involved in the case with mala fide intention for catching hold of the deceased. It was argued that the occurrence took place suddenly and presence of accused petitioner, as shown by the complainant, is fabricated and house of petitioner is allegedly situated at a distance of half furlong from the place of occurrence. It was argued that investigation in the case is complete and petitioner is no more required by the local police for investigation purposes.
4. On the other hand learned State Counsel assisted by learned counsel for complainant vehemently opposed the bail petition and contended that petitioner is directly charged in the promptly lodged F.I.R. with specific role and it was the accused petitioner, who facilitated the co-accused to stab the deceased on the chest. It was argued that the complainant, eye-witnesses and medical report supported the prosecution version.
5. Arguments heard and record perused.
6. The occurrence took place at the spur of moment and no motive has been advanced in the F.I.R. The house of accused petitioner is situated at a distance of half furlong from the place of occurrence and P.Ws. Muhammad Sadiq and Parvez are found at variance regarding place of occurrence. Accused petitioner has been assigned role of catching hold of deceased whereas co-accused Gul Zareen is charged for stabbing the chhurri blow on the chest of the deceased. It is also admitted fact that the petitioner is aged 62 years and catching hold for facilitating his son for giving blow that too on chest of the deceased requires further probe and enquiry. It was also pointed out by the defence counsel that no blood has been recovered from the alleged place of occurrence, which transpires from the site plan and got strengthened from the statement of said P.Ws. At bail stage deep appreciation of evidence is unwarranted as the same may prejudice the mind of the trial Court. However, wisdom can be drawn from the cases of Muhammad Akhtar v. State (1995 SCMR 310), Shaukat v. State (1994 SCMR 393) and Ali Shah v. State (2002 PCr.LJ 707). In the above noted cases co-accused charged for catching hold of injured were allowed bail. Prima facie guilt of petitioner needs further inquiry and pending such inquiry he deserves to be released on bail.
7. Consequently, this bail petition is allowed and it is directed that accused petitioner be released on bail provided he furnishes bail bonds in the sum of Rs.5,00,000 (Rs.Five lacs) with two sureties each in the like amount to the satisfaction of learned Illaqa/Duty Magistrate, who shall ensure that the sureties are local, reliable and men of means. The observations given by this Court are tentative in nature, trial Court should not be influenced by the same. MWA/392/P Bail granted.