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Petitioner: MUHAMMAD YOUSIF VS Respondent: StateHonorable Justice Asif Saeed Khan KhosaZafar Iqbal Chohan,Ms. Kubra Gilani
2006 Y L R 1543
2006 Y L R 1543
[Lahore]
Before Asif Saeed Khan Khosa, J
MUHAMMAD YOUSIF---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 5001/B of 2005, decided on 4th October, 2005.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.302---Bail, grant of---Occurrence had taken place during the dead of night and during the investigation, it had been found by different Investigating Officers that story contained in F.I.R. was factually incorrect; and that deceased, had in fact, tried to commit theft in a shop belonging to accused's party and upon interception by accused, an exchange of fire had taken place resulting in the death of deceased---Accused party had advanced a cross -version---Case did not appear to be a case of a cold-blooded and calculated murder by accused---Accused, in circumstances, deserved sympathetic treatment in the matter of bail---After completion of investigation a challan had already been submitted before the Trial Court, but trial of accused had not commenced---Concession of bail, ought not to be withheld by way of premature punishment---Accused was admitted to bail, in circumstances.
Zafar Iqbal Chohan for Petitioner.
Ms. Kubra Gilani for the State.
Subhan Ijaz, A.S.-I. with record.
Date of hearing: 4th October, 2005.
ORDER
ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Yousif petitioner has sought post-arrest bail in case F.I.R. No.626 registered at Police Station, Sadar Depalpur, District Okara on 9-12-2004 in respect of an offence under section 302, P.P.C. read with section 34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed by me that the occurrence in this case had taken place during the dead of a right and during the investigation it had been found by different Investigating Officers that the story contained in the F.I.R. was factually incorrect and that Zahoor Ahmad deceased had in fact tried to commit theft in a shop belonging to the petitioner's party and upon his interception by the petitioner an exchange of fire had taken place resulting in the death of the deceased. According to the cross-version advanced by the petitioner's party a brother of the petitioner namely Muhammad Ali had earlier received fire-arm injuries at the hands of some dacoits and he had become physically disabled in that backdrop the alleged firing by the petitioner during the occurrence in question not only to ward of the firing by the deceased and his companions but also to protect the property of the petitioner's party prima facie may have some colour of legitimacy attached to the same. In view of the investigation of this case conducted thus far the case in hand prima facie does not appear to be a case of a cold-blooded and calculated murder by the petitioner and thus, the petitioner has appeared to me to be deserving of sympathetic treatment in the matter of bail at this stage. After completion of the investigation a challan has already been submitted before the learned trial Court and the petitioner's trial has not even commenced as yet. It is trite that the concession of bail ought not to be withheld by way of premature punishment.
3. For what has been discussed above this petition is 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.
H.B.T./M-105/L Bail granted.