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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD JAVED VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1084
[Lahore]
Before Falak Sher, J
MUHAMMAD JAVED---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1800/B of 1993, deckled on 19th June, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.302/460---Bail, grant of---Accused was not named in the F.I.R. but was subsequently named by the complainant in his supplementary statement---Solitary injury suffered by the deceased had not been ascribed to accused---Crime weapon had been recovered from co -accused---Case against accused, thus, needed further inquiry---Accused was allowed bail in circumstances.
Ch. M.S. Shad for Petitioner.
Rana Muhammad Naseem Sabir for the State.
ORDER
Bail is being sought in the case registered vide F.I.R. NO-51 of 20-8-1992 under section 460/302, P.P.C. at Police Station Shah Gharceb, District Narowal alleging intrusion of 5 armed youths into complainant's courtyard around 1-15 a.m. where he was asleep alongwith his deceased son Muhammad Boota, daughter-in-law Mst. Surayia Bibi and minor children with lantern on, duly identified upon woking up attracted by the cattle noise, one of whom fired at the deceased landing on his right flank upon offering exhortive query, whereafter the assailants vanished away scaling over the wall and the deceased on removal to Allama Iqbal Hospital, Sialkot succumbed to the injuries.
2. Contending that despite belated reporting of the incident, petitioner is not named in the F.I.R. nor the solitary injury has been ascribed to any of the alleged assailants by description, subsequent naming of in the complainant's supplementary statement renders his case amenable to further enquiry in view of the padded supplement furnished couple of days later introducing noticing of the co-accused Khalid Hassan with particularity in petitioner's house around noon time preceding the incident, non-recovery of any incriminating material during investigation, crime weapon for the alleged solitary shot having been recovered from Khalid Hassan co-accused, and, lastly, with the submission of the challan is no more required by the Investigating Agency, which-has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.
3. Prima facie the contentions urged by the learned counsel for the petitioner constitute sufficient grounds for further enquiring into his involvement in the offence charged thus is allowed bail upon furnishing bond m the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court.
N.H.Q./M-1406/L Bail allowed