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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RAFIQUE VS Respondent: StateHonorable Justice Ijaz Ahmad ChaudhryKhalid Masood Chaudhry,Ashfaq Chaudhry
2006 Y L R 2991
2006 Y L R 2991
[Lahore]
Before Ijaz Ahmad Chaudhry, J
MUHAMMAD RAFIQUE---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.9095-B of 2005, decided on 20th December, 2005.
Criminal Procedure Code (V of 1898)----
---S. 497---Penal Code (XLV of 1860), Ss.302, 148 & 149---Bail, grant of---Accused was attributed only ineffective firing and he had been declared innocent during investigation by the police and nothing had been recovered from his possession---Keeping accused in jail in such circumstances, would serve no useful purpose for the prosecution and there was no likelihood of conclusion of the Trial in near future---Even otherwise, bail could not be withheld as a punishment---Accused was admitted to bail, in circumstances.
PLD 1972 SC 82 ref.
Khalid Masood Chaudhry for Petitioner.
Ashfaq Chaudhry for the State along with Amjad Javed, A.S.-I.
ORDER
IJAZ AHMAD CHAUDHRY, J.--Through this petition under section 497, Cr.P.C., the petitioner seeks bail after arrest in case F.I.R. No.126 dated 29-4-2005, registered under sections 302/ 148/149, P.P.C. at Police Station, Saddar Pasrur District Sialkot on the application of Zulfiqar Ali.
2. The brief allegation against the petitioner is that he while armed with rifle and Abdur Rehman co-accused who was armed with Sota along with others had committed the murder of Muhammad Boota father of the complainant.
3. Learned counsel for the petitioner contends that the petitioner has been declared innocent during the investigation by the police and nothing has been recovered from his possession and only allegation against him is of ineffective firing, hence, he may be enlarged on bail.
4. On the other hand learned counsel for the State has opposed this petition on this ground that the petitioner is named in the F.I.R. and he had participated in the occurrence and offence falls within the prohibitory clause of section 497, Cr.P.C.
5. I have heard the learned counsel for the parties and perused the record with due care and caution.
6. The petitioner is attributed only ineffective firing and he has been declared innocent during the investigation by the police and nothing has been recovered from his possession. In such circumstances keeping the petitioner in jail will serve no useful purpose for the prosecution and there is no likelihood of the conclusion of the trial in near future. Even otherwise., bail cannot be withheld as a punishment as is laid down in a case reported in PLD 1972 SC 82. Hence, this application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac only) with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate.
H.B.T./M-471/L????????????????????????????????????????????????????????????????????????????????? Bail granted.