Case Details

Citation(s)
2012 SLG 2457 2012 SLD 2457 2012 YLR 1889
Lahore High Court
Criminal Miscellaneous No. 13148-B of 2011, decided on 21st October, 2011
SHAHID HAMEED DAR, J
Kamil Hussain Naqvi for Petitioner. Rana Tasawar Ali Khan, Deputy Prosecutor General Punjab. Rao Javed Khurshid for the Complainant. Intizar Hussain A.S.-I. with record

MUHAMMAD SHAHZAD

VS

THE STATE and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.322---Qatl-bis-sabab---Bail, grant of---Young son of the complainant, no doubt, had lost his life in an unfortunate manner, but no incriminating material was available on record to believe that the accused had fenced the field with an electric current, or he had contributed towards the eventuality in any manner---Complainant had himself made it a case of two versions, one contained in the F.I.R. and the other in his supplementary statement---Trial Court would determine after recording evidence of the parties as to which of the two stories was nearer to truth---Abscondence of accused must give way to his bail plea, when his case had categorically constituted need for further inquiry as contemplated under S.497(2), Cr.P.C.---Accused was admitted to bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 322--- Qatl-bis-sabab--- Bail---Abscondence--- Principle--- Element of abscondence must give way to the bail plea of an accused whose case categorically constitutes need for further inquiry as contemplated under S.497(2), Cr.P.C. ORDER SHAHID HAMEED DAR, J.---Muhammad Shahzad petitioner seeks bail after arrest in case F.I.R. No.188 of 2010 dated 4-5-2010 under section 322, P.P.C. registered at Police Station Sarai Mughal, District Kasur. 2. The prosecution case as unfurled in the F.I.R. is that Muhammad Mudassar (deceased) son of the complainant went outside to fetch grass for animals; the complainant also followed him and there he saw Chiragh Din and Shahzad (petitioner) attaching hooks with the barbed wire stretched around their fields so as to electrify it; the complainant all at once heard shrieks and found his son clung against the barbed wire; his ill-fated son died at the Spot within no time; the accused ran away from the scene of electrocution of Muhammad Mudassar. 3. The complainant made supple-mentary statement before the Investigating Officer on 16-5-2010, whereby, he improved upon his previous version by contending that both the accused Chiragh Din and Shahzad (petitioner) were armed with firearms at the time of…
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