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Petitioner: MUHAMMAD TUFAIL And 2 Others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: MUHAMMAD TUFAIL And 2 Others vs THE STATE Case No.: Criminal Miscellaneous No. 420/B of 2003 Date of Judgment:2003-01-24 Reported As: 2003 YLR 1143(1) Result: Bail granted
Judgment ORDER Learned counsel for the petitioners submits that as far as petitioners are concerned aerial firing is attributed to them, that Liaqat Ali co-accused was allowed bail in the circumstances, following the law of consistency demands that same treatment should be extended to the present petitioners. 2. Learned State Counsel on the other hand opposes the submission made by the learned counsel for the petitioners and submits that the petitioners were named in the F.I.R. Specific roles were attributed to them and they were vicarious liable and their case is covered by the prohibitory clause of section 497, Cr.P.C. 3. I have heard the learned counsel for the parties. In the instant case only aerial firing is attributed to the petitioners. So their case is covered by subsection (2) of section 497, Cr.P.C. Which requires further inquiry into the guilt of the petitioners. In this view of the matter this petition is accepted and the petitioners are allowed bail in the sum of Rs.50,000 with one surety each in the like amount each to the satisfaction of trial Court.