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2003 MLD 1736

RASHID-UZ-ZAMAN alias NANHA vs THE STATE

Citation2003 MLD 1736
CourtLahore High Court
Case No.Criminal Miscellaneous No,328-B of 2003
Date2003-02-19
Judge(s)Asif Saeed Khan Khosa
ResultBail granted

ORDER

' Through this petition Rashid-uz-Zaman alias Nanha petitioner has sought post-arrest bail in case F.I.R. No,327 registered at Police Station Mananwala, District Sheikhupura on 3-10-2002 for offences under sections 148/302/324/149, P.P.C. Section 337-C, 337-D and 337-A(ii), P.P.C. Are said to have been added to the F.I.R. At a later stage.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that according to the F.I.R. The petitioner stands saddled with the responsibility of indulging in ineffective firing only and admittedly nobody had received any injury at the hands of the present petitioner. It is riot disputed that no crime-empty was recovered from the scene of the crime and also that during the investigation no weapons was recovered from the petitioner's possession so as to lend support or corroboration to the allegation levelled against the petitioner in the F.I.R.

Regarding indulging in firing. Apparntly the petitioner does not stand connected with the motive set up in the F.I.R. In these circumstances the question regarding sharing of common object by the petitioner with his co-accused as also the question regarding vicarious liability of the petitioner for the offences allegedly committed by his co-accused are questions which require further probe and the same shall be attended to by the learned trial Court at the time of the trial on the basis of the evidence to be led before it.

3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

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