Full Judgment Text & Judicial Ruling

2006 P Cr

2006 P Cr. L J 1584

[Lahore]

Before Mian Muhammad Najam-uz-Zaman, J

MUHAMMAD KHALID----Petitioner

Versus

THE STATE----Respondent

Criminal Miscellaneous No.1578/B of 2006, decided on 2nd March, 2006.

Criminal Procedure Code (V of 1898)---

----S. 498---Penal Code (XLV of 1860), Ss.302, 109, 147 & 148---Ad interim pre-arrest bail, confirmation of--Accused was found innocent during investigation---Only allegation against accused was that he held deceased along with seven other co-accused---Single injury caused on the head of deceased was caused by co-accused---Entire family of accused including his cousins had been involved by complainant in the case, which was sufficient to show mala fide of complainant---Case against accused was of further inquiry---Ad interim pre-arrest bail already granted to accused, was confirmed, in circumstances.

Mian Muhammad Kashif for Petitioner.

Sarwat Nawaz with Mian Khan, S.-I. for the State.

ORDER

MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.---Submits that petitioner has been falsely involved in this case being the brother of the co-accused who had caused .fatal injury to the deceased. It is submitted that though the allegation against the petitioner as penned in the F.I.R. is that at the relevant time he had held the deceased but on the other hand the Medico-legal Report reveals that there was only one injury on the head of the deceased and the same could easily be caused even without the assistance of the petitioner and that in the circumstances involvement of the petitioner in this case smacks some foul-play and shows the mala fide of the prosecution.

2. Points raised need consideration. Admit. Notice for 9-3-2006. In the meantime petitioner is admitted to ad interim pre-arrest bail in case F.I.R. No.324 Of 2005, dated 27-10-2005 for the offence under sections 302/109/147/148, P.P.C. registered at Police Station Aimanabad, District Gujranwala subject to his furnishing bail bonds amounting to Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Bench. Petitioner shall join the investigation as well as appear before this Court on each and every date of hearing.

(Sd.) Mian Muhammad Najam-uz-Zaman, J

In continuation of my previous order, record produced by the agency reveals that 'during the investigation petitioner was found innocent. Even otherwise, I have observed that the only allegation against the petitioner is that of holding the deceased along with seven other co-accused, whereas' single injury was caused on the head of the deceased of Azam co-accused of the petitioner and in the circumstances was the assistance of the petitioner required for doing the said job? Is a question which brings the case of the petitioner within the fold of further inquiry entitling him to the concession of bail. I have also observed that in this case the entire family of the petitioner including his cousins have been involved by the complainant party and this fact on the face of it is sufficient to show the mala fide of the complainant. In this view of the matter, this petition is allowed and ad interim pre-arrest bail already granted to the petitioner in case F.I.R. No.324 of 2005, dated 27-10-2005 for the offence under sections 302/109/147/148, P.P.C. registered at Police Station Aimanabad, District Gujranwala, vide order, dated 2-3-2006 stands confirmed against the same surety bonds.

H.B.T./M-392/L Bail confirmed.

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