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Petitioner: AMEER HAMZA KHAN VS Respondent: StateHonorable Justice Aalia NeelumMalik Matee Ullah
2021 Y L R Note 119 [Lahore] Before Aalia Neelum, J AMEER HAMZA KHAN---Petitioner Versus The STATE and others---Respondents Criminal Miscellaneous No. 7324-B of 2021, decided on 24th March, 2021. Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Record showed that the alleged occurrence took place at 05:00 p.m., whereas the matter was reported to the police on the same day at 7:00 p.m. while statement under S.161, Cr.P.C of the eye-witnesses was recorded by the Investigating Officer with delay of one day, for which no explanation had been given---Contents of FIR, revealed that the accused-petitioner and co-accused had been ascribed role of firing on the person of the deceased---In the said incident, one person had lost his life---Investigating Officers opined that the petitioner was present at the place of occurrence but had not caused any injury to the deceased, thus, there were two versions on the record, one given by the complainant in the FIR and second came on the record through successive police investigations and admitted by the complainant; it was yet to be determined by the Trial Court after recording of the evidence that which version was believable and correct---All the said facts made the case of accused-petitioner one of further inquiry covered under subsection (2) of S.497 of Cr.P.C.---Accused-petitioner was behind the bars since his arrest and no more required for further investigation---Investigation was complete and further incarceration of the accused-petitioner would not serve any useful purpose---Petition was accepted and accused-petitioner was admitted to bail, in circumstances. Malik Matee Ullah for Petitioner. Muhammad Nauman Siddique, D.P.G. with Abdul Karim, A.S.I. for the State. Ch. Muhammad Jawad Zafar for the Complainant. ORDER AALIA NEELUM, J.---The petitioner-Ameer Hamza Khan seeks post arrest bail in case FIR No. 70/2020, dated 04.02.2020, registered under sections 302/34, P.P.C., at Police Station Sadar, District Mianwali. 2. Heard. Record perused. 3. The alleged occurrence took place on 04.02.2020 at 05:00 p.m., whereas the matter was reported to the police on the same day at 7:00 p.m. while statement under section 161, Cr.P.C. of the eye-witnesses was recorded by the investigating officer on 05-02-2020 with delay of one day, for which no explanation has been given. As per contents of FIR, the petitioner along with his co-accused has been ascribed role of firing on the person of Majid Ullah Khan-the deceased. In the said incident, one person has lost his life. During investigation, the investigating officers opined that the petitioner was present at the place of occurrence but had not caused any injury to the deceased. Learned counsel for the complainant has also stated that the police opined that petitioner along with firearm weapon was present at the spot but had not caused any injury to the deceased. Thus, there are two versions on the record, one given by the complainant in the FIR and second came on the record through successive police investigations and admitted by the complainant, so it is yet to be determined by the learned trial court after recording of the evidence that which version is believable and correct. All these facts make the case of petitioner one of further inquiry and covered under subsection (2) of section 497 of Cr.P.C. The petitioner is behind the bars since his arrest and no more required for further investigation. The investigation is complete and further incarceration of the petitioner would not serve any useful purpose. 5. For the reasons supra, the petition is accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.5,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial court. JK/1-24/L Bail grantd.