Case Details

Citation(s)
2021 SLG 1877 2021 SLD 1877 2021 PLJ 763
Lahore High Court
Crl. Misc. No. 998-B of 2021, decided on 30.3.2021, Date of hearing: 30.3.2021.
RAJA SHAHID MEHMOOD ABBASI, JUSTICE.
Mr. Asif Ali Chaudhry, Advocate for Petitioner. Mr. Ashfaq Ahmad Malik, D.P.G. for State. Kh. Qaiser Butt, Advocate for Complainant.

ALI ASGHAR

VS

STATE ETC.

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302/34

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Post-arrest bail, grant of-- No overt act--Only tentative assessment is required and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible--Though accused/ petitioner is nominated in FIR and has been burdened with responsibility of facilitating principal accused to reach at place of occurrence on his motorcycle--No overt act towards deceased is attributed to him--Whether petitioner actually participated in occurrence as well as sharing of his common intention with his co-accused, would be adjudged at time of trial--Post-arrest bail was granted. ORDER Through this petition u/S. 497, Cr.P.C., petitioner Ali Asghar, seek post-arrest bail in case F.I.R. No. 554 dated 09.11.2020 registered u/S. 302/34, PPC, at Police Station Model Town Burewala District Vehari. 2. Succinctly, facts as disclosed in the crime report got lodged by Mst. Saima subhan complainant are that on 09.11.2020 at 05:30 pm the petitioner along with his co- accused committed homicidal death of Ali Umair, son of the complainant. 3. Heard. Record perused. 4. This is an application for bail after arrest and only tentative assessment is required and peeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It divulges from record that though the accused/petitioner is nominated in…
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