Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD AKBAR VS Respondent: MUNAWAR HUSSAIN alias NIKKOHonorable Justice Ch. Iftikhar HussainMuhammad Javed Hashmi
2003 M L D 1387
2003 M L D 1387
[Lahore]
Before Ch. Iftikhar Hussain, J
MUHAMMAD AKBAR---Petitioner
Versus
MUNAWAR HUSSAIN alias NIKKO and 5 others----Respondents
Criminal Miscellaneous No.66-CB of 2003, decided on 14th April, 2003.
Criminal Procedure Code (V of 1898)---
----S.497(2)(5)---Penal Code (XLV of 1860), Ss.324/148/149---Bail, cancellation of---Further inquiry---Enmity existed between the parties and role of ineffective firing was attributed to the accused---Question of vicarious liability, of accused was to be gone into at the time of trial-- Case against accused in circumstances required further inquiry into their guilt---Trial Court, in circumstances had not erred in exercise of its jurisdiction in granting bail to accused---Petition for cancellation of bail was dismissed.
Muhammad Javed Hashmi for Petitioner.
ORDER
Muhammad Akbar, the petitioner has sought for cancellation of pre-arrest bail granted to respondents Nos. 1 to 5 by Mr. Jowad Abid Baig, learned Sessions Judge, Sahiwal, vide his order dated 19-3-2003, inc case F.I.R. No.612 dated 24-11-2002 under sections 324/48/149, P.P.C. registered with Police Station Noor Shah, District Sahiwal.
2. The pre-arrest bail was extended to the respondents mainly on the ground that they were attributed, ineffective firing and that there existed enmity between the parties.
3. Learned counsel for the petitioner has contended that they being members of unlawful assembly while armed with deadly weapons had come to the spot and resorted to the firing, so their involvement in the occurrence was there and in these circumstances they were vicariously liable for the alleged offence and so not entitled to the grant of said relief.
4. I have considered the submissions and perused the copies of the record annexed to the petition.
5. The existence of enmity between the parties is admitted fact. The role of ineffective firing is attributed to them. The question of their' vicariously liability is to be gone into at the time of trial. Their case, therefore, required further inquiry into their guilt. Hence, the learned Additional Sessions Judge has not erred in the exercise of his jurisdiction in granting them the bail. The petition, therefore, is dismissed to limine.
H.B.T./M-1874/L Petition dismissed.