2021 S C M R 540

[Supreme Court of Pakistan]

Present: Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ

ABU BAKAR SIDDIQUE alias MUHAMMAD ABU BAKR---Petitioner

Versus

The STATE and others---Respondents

Criminal Petition No. 1506-L of 2020, decided on 22nd January, 2021.

(Against the order of the Lahore High Court, Lahore dated 24.11.2020 passed in Criminal Miscellaneous No. 52742-B of 2020)

Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148, 149, 337-F(i), 337-F(iii) & 337-F(iv)---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimah, ghayr-jaifah-mudihah---Bail, grant of---Further inquiry---Case record showed that there was no allegation against the accused of causing injury on the person of deceased and he was alleged to have caused a firearm injury on the left thigh of injured---During the course of investigation, it was concluded by the police that though accused was present at the spot but he only made aerial firing---Co-accused who was attributed firearm injury on the right thigh of injured was allowed bail by the Trial Court---In such circumstances, case against the accused called for further enquiry falling within the ambit of S. 497(2), Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed and accused was granted bail.

Rai Bashir Ahmad, Advocate Supreme Court for Petitioner.

Danyal Ijaz Chadhar, Advocate Supreme Court for Respondent No.2.

Rana Abdul Majeed, Additional P.G. and Rashid Shahzad, Inspector for the State.

Date of hearing: 22nd January, 2021.

ORDER

MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 24.11.2020, whereby bail was refused to the petitioner by the learned Lahore High Court, Lahore in case MR No. 116 dated 04.07.2019, offence under sections 302, 324, 109, 148, 149, 337-F(i), 337-F(iii), 337-F(iv), P.P.C. registered at P.S. Mandi Usmanwala, District Kasur.

2. After hearing the learned counsel for the petitioner and learned Additional Prosecutor General at length and perusal of available record with their assistance, it has been observed by us that there is no allegation against the petitioner of causing injury on the person of deceased and he is alleged to have caused a firearm injury on the left thigh of injured Abid Ali. Learned Additional Prosecutor General under instructions of the police officer present with record has stated that during the course of investigation, it was concluded by the police that though petitioner was present at the spot but he only made aerial firing. He further confirms under instructions that co-accused of petitioner Shaukat Ali who was attributed firearm injury on the right thigh of injured Abid Ali was allowed bail by the learned trial court. In the circumstances, case against the petitioner calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellant Abu Bakar Siddique @ Muhammad Abu Bakr is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand) with one surety in the like amount, to the satisfaction of the trial court.

MWA/A-6/SC Bail granted.