Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD SHAHID VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Asif Saeed Khan Khosa, Ijaz Ahmad Chaudhry Title: MUHAMMAD SHAHID vs THE STATE Case No.: Criminal Miscellaneous No,1004/B of 2006 Date of Judgment:2006-02-28 Reported As: 2006 P Cr. L J 1600 Result: Bail granted
Judgment ORDER ' Through this petition Muhammad Shahid petitioner has sought post-arrest bail in case F.I.R. No,811 registered at Police Station Shadbagh, Lahore on 22-11-2005 in respect of offences under sections 302/148/149, P.P.C. And section 7 of the Anti-Terrorism Act, 1997. 2. After hearing the learned counsel for the parties and going through the record it has been noticed by us that admittedly the petitioner had not caused any injury to any person during the alleged occurrence and the only role attributed to the petitioner in the F.I.R. Is that of indulging in ineffective firing. It is not disputed that no fire-arm has been recovered from the petitioner's possession during the investigation of this case. Apparently the petitioner was not directly connected with the motive set up in the F.I.R. In these circumstances the question regarding sharing of common object by the petitioner with his co-accused as also the question regarding his vicarious liability for the offences allegedly committed by his co-accused are questions which require further probe at this stage. After completion of the investigation a challan has already been submitted and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation. 3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.