Case Details

Citation(s)
2013 SLG 2151 2013 SLD 2151 2013 YLR 131
Lahore High Court
Criminal Miscellaneous No. 3054-B of 2012, decided on 22nd March, 2012
MUHAMMAD ANWAARUL HAQ, J
Shaharyar Sheikh for Petitioner. Muhammad Akram Tahir, Deputy District Public Prosecutor for the State. Abdul Latif Hanjra for the Complainant. Bashir Ahmad, S.I. with record

MUHAMMAD SHOAIB alias SHOABI

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/324/34---Qatl-e-amd, attempt to commit qatl-e-amd, common intention---Bail, grant of---Further inquiry---Accused was not named in the F.I.R. and he was subsequently involved in the present case through supplementary statement of the complainant, in which no specific injury to the deceased had been attributed to the accused and there was a collective allegation against the accused and co-accused for firing at the deceased---Police had opined in its report under S. 173 Cr.P.C, that the accused had not fired at the deceased rather he was driving the motorcycle and his co-accused had fired at the deceased from his weapon---No weapon of offence was recovered from the accused but same was recovered from the co-accused----Evidentiary value of the supplementary statement of the complainant against the accused as well as his vicarious liability in the occurrence could validly be determined by the Trial Court after recording of evidence---Accused had no previous criminal record--Case against accused fell within the purview of S. 497(2) Cr.P.C. and was one of further inquiry into his guilt---Bail petition of accused was accepted and he was admitted to bail. ORDER MUHAMMAD ANWAARUL HAQ, J.---This is the second post-arrest bail petition before this Court on behalf of the petitioner. Earlier petition i.e. Criminal Miscellaneous No.14448-B of 2011 was dismissed as withdrawn on 24-11-2011. 2. Through this petition, petitioner Muhammad Shoaib alias Shoabi seeks post-arrest bail in case F.I.R. No.539 of 2011 dated 22-7-2011, offences under sec-tions 302, 324, 34 P.P.C., registered at Police Station Kot Radha Kishan District Kasur. 3. Learned counsel for the petitioner contends that the petitioner is not nominated in the F.I.R and he was subsequently involved in this case on the supplementary statement of the complainant; that even in the supplementary statement no specific injury to the deceased has been attributed to the petitioner and there is collective allegation against the petitioner and his co-accused Waqas alias Viky that they both fired at the deceased; that the petitioner and the…
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