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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SIDDIQUE VS Respondent: STATE
1997 M L D 3218
1997 M L D 3218
[Lahore]
Before Mrs. Fakhar‑un‑Nisa Khokhar, J
MUHAMMAD SIDDIQUE and others‑‑‑Petitioners
versus
THE STATE‑‑‑Respondents
Criminal Miscellaneous No. 1180‑B of 1996, decided on 22nd January, 1997.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302/324/34‑‑‑Bail, grant of‑‑‑As to whose gun fire hit the injured witnesses out of three accused persons nominated in the F.I.R. was still to be established such a situation made accused's case of further inquiry‑‑‑Furthermore commencement of trial was not in sight despite investigation was complete and challan had been sent up‑‑‑No injury to the deceased had been attributed to the accused‑‑ ‑Accused, in circumstances, was entitled to bail.
Altaf Ibrahim Qureshi for Petitioners.
Sh. Muhammad Rahim for the State.
ORDER
The petitioners have applied for post arrest bail in case F.I.R. No.562 of 1994 dated 6‑12‑1994 registered under section 302/324/34, P.P.C. at Police Station Noor Shah, District Sahiwal. His bail petition was dismissed by the learned Additional Sessions Judge, Sahiwal vide order dated 18‑6‑1996.
2. From the very oust learned counsel for the petitioners does not to press the petition of Muhammad Siddiq petitioner No. l which is dismissed as withdrawn.
3. In respect of petitioner No.2 (Shafqat Ali) learned counsel for the petitioner submits that the allegation in the F.I.R. against him is that he alongwith Iqbal and Jabbar fired at P. Ws. Haq Nawaz and Noor Ahmad and it is still to be established whose fire hit the injured P.Ws. and the maximum punishment provided under the law which is section 337‑F (iii), P.P.C. is 3 years; the petitioner is in the judicial lock‑up since 7‑2‑1995; still it is not in view that when the trial of the petitioner will commence; the petitioner is 17 years old according to the police record and his whole family stands roped in the instant murder case.
4. Learned State counsel submits that s Shafqat's participation is shown in the F.I.R. and the injured P.Ws. supported the prosecution version.
5. Since the trial is not in view about the instant case and it is still to be established whose fire hit the injured witnesses, out of three accused, nominated m the F.I.R. and this makes petitioner's case of further inquiry; investigation is complete and the challan is sent up; no injury to the deceased is attributed to the petitioner, therefore, he is admitted to bail in the sum of Rs.2,00,000 (rupees two lacs only) with two sureties in the like amount to the satisfaction of the learned Sessions Judge, Sahiwal.
M.B.A./M‑396/1 Bail granted.