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Petitioner: Najeeb Ullah VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s):Amin-Ud-Din Khan, Manzoor Ahmad Malik, Sayyed Muhammad Mazahar
Ali Akbar Naqvi Title: Najeeb Ullah vs The State and another Case No.: Criminal Petition No. 590-L of 2020 Date of Judgment:2020-07-07 Reported As: PLJ 2021 SC (Cr.C.) 124, 2020 SCMR 1241 Result: Bail granted Judgment ORDER MANZOOR AHMAD MALIK, J.---Petitioner seeks leave to appeal against the order dated 20.04.2020, whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.289 dated 30.08.2019, offence under sections 324, 334, 34, 337-A(ii), 337-F(v), P.P.C., registered at Police Station Jandanwala, District Bhakkar. 2. After hearing the learned counsel for the parties and learned Additional Prosecutor General, Punjab at length and perusal of available record, it has been observed by us that as per: contents of the FIR, the petitioner made a fire with his 30 bore pistol hitting on the right knee of the complainant. Learned Additional Prosecutor General under instructions of the police officer present with record has stated that during two successive investigations, it was concluded by the police that though petitioner was present at the spot but he was empty handed and he did not cause any injury to anybody. Nothing was recovered from the petitioner during the course of investigation. He is behind the bars since 14.11.2019. In these circumstances, petitioner's case calls for further inquiry falling within the ambit of section 497(2), Code of Criminal Procedure. 3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant Najeeb Ullah is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial court.