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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SHAKEEL AHMAD KHAN VS Respondent: StateHonorable Justice Muhammad Qasim KhanMatee Ullah
2021 P Cr. L J Note 42 [Lahore] Before Muhammad Qasim Khan, C.J. MUHAMMAD SHAKEEL AHMAD KHAN---Petitioner Versus The STATE and another---Respondents Criminal Miscellaneous No. 46508-B of 2020, decided on 14th October, 2020. Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Bail, grant of---Prosecution case was that the accused and another fired with their respective weapons on the head of the deceased but as per post-mortem examination report only one injury was found on the head of the deceased, which was fatal in nature---Prosecution was not certain as to who had caused the injury and it would be decided by the Trial Court after recording the evidence whether the fire shot which hit the head of the deceased was made by the accused or co-accused---Case against accused was one of further inquiry into his guilt as contemplated under subsection (2) of S. 497, Cr.P.C.---Petition for grant of bail was accepted, in circumstances. Matee Ullah for Petitioner. Ch. Sarfraz Ahmad Khatana, DPG along with Sagheer Ahmad, ASI with record for the State. Complainant in person duly identified by the I.O. present in the Court. ORDER MUHAMMAD QASIM KHAN, C.J.---Muhammad Shakeel Ahmad Khan, petitioner seeks post-arrest bail in case FIR No.246/2019 dated 29.5.2019 registered under sections 302 and 34, P.P.C. at Police Station City, Mianwali. 2. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General and perused the record. 3. As per FIR and statements of Hamza Shah son of Mureerd Hussain Shah, Ikramullah son of Muhammad Afzal and Ghulam Rasool son of Ghulam Jillani recorded under section 161, Cr.P.C., it is alleged that the petitioner and co-accused Huzaifa Khan fired with their respective pistols which hit on the head of deceased Muhammad Shoaib Khan but as per post-mortem examination report there is only one injury is found on the head of the deceased which is fatal in nature but the prosecution is not certain that who caused this injury and it will be decided by the learned trial court after recording the evidence whether the fire which hit on the head of the deceased was either made by the petitioner or Huzaifa Khan, co-accused, hence case of the petitioner becomes one of further inquiry. The petitioner is behind the bars since his arrest and his further incarceration would not serve any useful purpose. As cumulative effect of all above, case against the petitioner, prima-facie, is one of further inquiry into his guilt as contemplated under subsection (2) of section 497, Cr.P.C. 4. For what has been discussed above, I accept this petition and admit the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs.200,000/- (Rupees one hundred thousand only) with two sureties in the like amount to the satisfaction of the learned trial Court. SA/M-144/L Bail granted.