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PLJ 2016 Sc 245

MUHAMMAD BILAL AHMAD vs STATE and another

CitationPLJ 2016 Sc 245
CourtSupreme Court of Pakistan
Case No.Crl. P. No, 626 of 2015
Date2015-09-22
Judge(s)Qazi Faez Isa, Ejaz Afzal Khan, Dost Muhammad Khan
ResultAppeal allowed

ORDER

Ejaz Afzal Khan, J.--Petitioner who is charged in a case registered against him and others under Sections 302,109,148 &. 149 PPC vide FIR No, 214 dated 29.3.2014 at PS Sadar Depalpur, District Okara, when failed to get the concession of bail from the lower fora sought the indulgence of this Court mainly on the ground that no evidence worth the name has been collected so far by the Investigating Agency as could reasonably connect him with the crime.

2. Learned Additional Prosecutor General assisted by the learned ASC for the complainant contended that the evidence in this behalf could not be collected because both the co-accused have gone into hiding.

3. We have gone through the record carefully, and have , considered the submissions made by learned ASCs for the petitioner, the complainant and learned Law Officer at the Bar.

4. A look at the FIR would reveal that the petitioner has been charged for abetment. Admittedly he was not present at the scene of occurrence. Neither he nor any of his co-accused made any confessional statement before the Magistrate spelling out any such role. How, when and where did he commit the crime of abetment is a question calling for further inquiry.

5. For the reasons discussed above, we convert this petition into appeal, allow it and direct the release of petitioner on bail subject to his furnishing bail bonds in the sum of Rs, 500,000/- with two sureties in the like amount, to the satisfaction of the learned trial Court.

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