| Citation(s) |
|---|
| 2017 SLG 451 2017 SLD 451 2017 SCMR 279 |
Supreme Court of Pakistan
Crl. Petition No. 814-L of 2016, decided on 23rd August, 2016, Date of hearing: 23rd August, 2016.
MIAN SAQIB NISAR, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
Agha Abul Hassan Arif, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Naseer ud Din Khan Nayyar, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for the Complainant. Mazhar Sher Awan, Additional P.G. and A
Crl. Petition No. 814-L of 2016, decided on 23rd August, 2016, Date of hearing: 23rd August, 2016.
MIAN SAQIB NISAR, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
Agha Abul Hassan Arif, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Naseer ud Din Khan Nayyar, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for the Complainant. Mazhar Sher Awan, Additional P.G. and A
QURBAN ALI ER
VS
THE STATE AND OTHERS --RespondentS
Law: Criminal Law Amendment Act, 1908
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 302,324,109,148,149
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Incident occurred due to previous enmity between the parties---Although three persons from the complainant side lost their lives, yet two persons from the accused side also sustained injuries---Accused had not been attributed any overt act during the occurrence except the role of raising "lalkara"---Trial Court in such circumstances had to determine, after recording pro and contra evidence, whether the accused was vicariously liable for the acts of his co-accused---Case against accused was one of further enquiry---Accused was an old man and was behind bars since about 15 months---Accused was allowed bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148 & 149---Bail, grant of---Criminal antecedents of accused---Relevance---List of different criminal cases registered against the accused and his co-accused persons was placed on record by the complainant---Supreme Court observed that it was only seized of the present bail application filed by the accused and the effect/impact of the previous criminal record against accused and his co-accused was not relevant for disposing of the present bail petition---Accused was granted bail accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- This petition is barred by one day. In the interest of justice, delay in filing the criminal petition is condoned. 2. Petitioner seeks bail after arrest in case FIR No.611 dated 04.11.2014, offences under sections 302, 324, 148, 149, 109, P.P.C., registered at Police Station Saddar Muridkey, District Sheikhupura. 3. After hearing the learned counsel for the petitioner, learned counsel for the complainant and learned Law Officer at some length and perusing the available record with their assistance, we have noted that this FIR has two parts. In the first part, altercation took place between Awais (from complainant side) and Aadil and Ehsan…
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