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Petitioner: ZAFAR IQBAL VS Respondent: StateHonorable Justice Ijaz Ahmad ChaudharySyed Shahbaz Ali Rizvi,Ch. Ghulam Muhammad
2005 M L D 1774
2005 M L D 1774
[Lahore]
Before Ijaz Ahmad Chaudhary, J
ZAFAR IQBAL---Petitioner
Versus
THE STATE---Respondent
Crl. Misc.No. 1008-B of 2005, decided on 11th May, 2005.
Criminal Procedure Code (V of 1898)---
----S.497(2)---Penal Code (XLV of 1860), Ss.324/334/34---Bail, grant of---Accused was alleged to have made ineffective firing with a pistol on the complainant---Near relatives of the main accused are generally falsely implicated in the case by the complainant by widening the net---Mentioning of the name of a person in the F.I.R. without any role alone, was not sufficient to prima facie connect him with the commission of the crime---Case of accused, thus, needed further probe as envisaged by S.497(2), Cr.P.C.---Accused was admitted to bail in circumstances.
Syed Shahbaz Ali Rizvi for Petitioner.
Ch. Ghulam Muhammad for the State.
Abdul Ghaoor, S.-I. along with the record.
ORDER
Through this petition under section 497, Cr.P.C. Zafar Iqbal petitioner seeks bail after arrest in case F.I.R. No.404 dated 24-8-2004, registered under sections 324/334/34, P.P.C. at Police Station City District Layyah on the statement of Mujahid Hussain.
2. The prosecution story as per the F.I.R. is that complainant is constable in the police department and on the day of occurrence at about 9-30 a.m., Ijaz Ahmad his maternal cousin came to the house of the complainant and asked him that his sister namely Mst. Safia Bibi wife of Tariq Sajjad was calling him and when the complainant along with Ijaz Ahmad reached the house of his sister, Zafar Iqbal petitioner armed with pistol and his co-accused Tariq Sajjad, Muhammad Ismail armed with hatchet appeared there and asked the complainant to come into the house. It is also stated in the F.I.R. that red chillies were poured into the eyes of the complainant while the petitioner fired thrice but all the fires remained ineffective and then the accused caused number of injuries with `butt' of the pistol on the eyes of the complainant. All the accused Tariq Sajjad, Muhammad Ismail and Ijaz Ahmad caused injuries at both the eyes and hand of the complainant. Hence, this case.
3. Learned counsel for the petitioner contends that though the petitioner was armed with pistol yet no fire-arm injury was received by the complainant. It is further contended that the petitioner has been falsely implicated in the present case and the offence under section 324, P.P.C. is not made out against him. It is next contended that the other injuries on the right hand and on the right eyebrow are not found by the doctor, therefore, the case of the petitioner is of further inquiry and he is entitled to the grant of bail.
4. Learned counsel for the State opposes the bail application on the ground that the petitioner has facilitated the co-accused in the commission of the crime and that the offence falls within the prohibitory clause of section 497, Cr.P.C.
5. I have heard the learned counsel for the parties and also perused the record. Though the petitioner was stated to be armed with pistol yet there is no fire-arm injury on the person of the complainant and he was only alleged to have made ineffective firing. Even otherwise, it is generally noticed that there is tendency in the society for false implication of the near relatives of the main accused by widening the net and mere mentioning of a name of the person in the. F.I.R. without any role is not sufficient to prima facie connect him with the commission of the crime. In the above circumstances, I find it a fit case for grant of bail being covered by subsection (2) of section 497, Cr.P.C. to the extent of the involvement of the petitioner. Hence, this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.
N.H.Q./Z-101/L Bail allowed.