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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RIAZ VS Respondent: StateHonorable Justice Khawaja Muhammad SharifSyed Karamat Ali Naqvi,Ch. Imtiaz Ullah Warraich
2004 M L D 2020 [Lahore] Before Khawaja Muhammad Sharif, J MUHAMMAD RIAZ---Petitioner Versus THE STATE--Respondent Crl. Misc. No.2857 of 2004, decided on 13th May, 2004. Criminal Procedure Code (V of 1898)- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/34---Bail, grant of---Further inquiry---F.I.R. showed that the accused though was present along with other accused, but no injury to the deceased was attributed to him---One of the main accused had been allowed bail---No recovery of weapon of offence had been effected from accused---No crime empty of .7 mm rifle was recovered and only nine crime empty of .222. rifle was recovered---Case of accused was of further inquiry falling under subsection (2) of S. 497, Cr.P.C.--- Bail was allowed to accused. Syed Karamat Ali Naqvi for Petitioner. Ch. Imtiaz Ullah Warraich for the State. Date of hearing: 13th May, 2004. ORDER Learned counsel for the petitioner submits that nine accused were named in the F.I.R., amongst them, five have been declared innocent including Zafar one of the main accused, who along with Shahid and Pervaiz caused an injury on the person of the deceased, that no weapon of offence has been recovered from the present petitioner, that he has been named as an accused in this case for the reasons that he was eye-witness against the brother of the complainant in a murder case and that case of the present petitioner of further inquiry falling under subsection (2) of section 497, Cr.P.C. 2. On the other hand, learned counsel for the State submits that petitioner is named in the F.I.R., he was the member of unlawful assembly and he committed the murder of the deceased along with other co-accused in prosecution of their common object. 3. I have heard learned counsel for the parties. According to the F.I.R., though the petitioner was present along with other accused but no injury to the deceased is attributed to him. One of the main accused, namely. Zafar has been allowed bail on the ground that 3/4 persons have declared innocent by the police, no recovery of weapon of offence has been effected from the petitioner, no crime empty of .7 mm rifle was recovered, only nine crime empty of .222 rifle was recovered. In my considered opinion, case of the present petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C., therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.50,000 (Fifty thousand) with two sureties in the like amount to the satisfaction of trial Court. H.B.T./M-617/L Bail granted.