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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SIDDIQUE VS Respondent: THE STATE
2000 Y L R 2886
2000 Y L R 2886
[Lahore]
Before Falak Sher, C J
MUHAMMAD SIDDIQUE---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No. 4134/B of 2000, decided on 7th August, 2000.
Criminal Procedure Code (V of 1898)--- .
----S.497---Penal Code (XLV of 1860), S.302/ 324/ 337-BI 148/ 149---Bail---Vicarious liability---Accused was alleged to have inflicted a club blow on the head of the deceasecraeove his i-eff ear andon rite upper arm of the complainant's sister---No blunt weapon injury was found in the person of the deceased and the ocular account of occurrence in this regard was contradicted by the medical evidence---Blunt weapon injury sustained by the sister of the complainant attributed to accused being on non-vital part of her body did not attract the prohibition contemplated by S. 497(1), Cr. P. C. -- Involvement of accused on account of vicarious liability was amenable to further inquiry---Accused had already served nearly one year's physical internment---Trial of accused had not commenced so far--Bail was allowed to accused in circumstances.
Muhammad Akram Javed for Petitioner.
Maqbool Ahmad Qureshi for the State.
ORDER
Petitioner having been arrested in the case registered vide F.I.R. No. 408 of 2-8-1999 under sections 302, 324, 337-B, 148 and 149, P.P.C. Police Station Nishatabad, District Faisalabad reporting the murder of complainant's brother and mother Muhammad Munir and Mst. Niaz Bibi respectively by stabs caused by Anwarul Haq, Mushtaq, his sons Shahid, Zahid, Rashid; Boota, Muhammad Afzal on various parts of their anatomy in addition to inflictinla likewise injuries to the complainant's husband Muhammad Hussain and petitioner intlictin`: a club blow on Muhammad Munir's head above the left ear and on the upper arm of complainant's sister Nabila over a controversy stemming out of children's quarrel has sought bail.
2. Contradicts the ocular account for there being not blunt weapon injury on. Muhammad Munir's person; the one noted on the head is of sharp-edged origin being No.7, even the inquest report does not reveal any blunt weapon injury on the deceased's person while the ascribed injury to Nabila on non-vital part which does not attract the prohibition contemplated by section 497(1) of the Cr.P.C. rendering his involvement on account of vicarious liability amenable to further enquiry on which count he has already served nearly one year's physical internment and with the submission of challan is no more required by the Investigating Agency trial whereof till date has not commenced.
3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story without dislodging the contentions urged.
4. Persuaded whereby the petitioner is allowed bail upon furnishing bond in the sum of Rs.50,000 with two sureties each in the like to the satisfaction of the trial Court.
N.H.Q./M-297/L
Bail allowed.