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PLJ 2016 Cr.C. (Lahore) 519

SHAN vs STATE and another

CitationPLJ 2016 Cr.C. (Lahore) 519
CourtLahore High Court
Case No.Crl. Misc. No, 6486-B of 2015
Date2015-11-18
Judge(s)Muhammad Qasim Khan
ResultBail allowed

ORDER

' Shan/petitioner seeks post arrest bail in case FIR No, 450 of 2014 registered at Police Station Saddar Kehror Pacca, District Lodhran, for offences under Sections 302, 324 & 34, PPC.

2. After hearing learned counsel for the parties and going through the record, I have observed as under: i) Petitioner is not named in the FIR; ii) He was subsequently identified by the PWs during identification parade and role assigned to him is only of aerial firing; iii) Mst. Kalsoom, injured witness did not join the identification parade; iv) She has levelled no allegation against the petitioner in her statement under Section 164, Cr.P.C. v) Motive is also not attributed to the petitioner; vi) Whether the petitioner actually participated in the occurrence and his vicarious liability is the matter, which will be determined by learned trial Court after recording of evidence; vii) Furthermore, Jamshed and Jaffar co-accused having similar roles have already been granted bail by this Court vide order dated 22-09-2015 in Crl. Misc. No, 5089-B of 2015; thus, the petitioner is also entitled for the same relief on the principle of consistency; and viii) Petitioner is behind the bars since 02-09-2014; he is no more required for the purpose of further investigation; thus, no useful purpose would be served to keep him behind the bars for indefinite period.

3. In view of the above discussion, I am inclined to accept this petition and admit the petitioner to bail, subject to furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees Two Lac), with one surety, in the like amount to the satisfaction of trial Court.

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