Tahir Zeb and others vs The State and another
This criminal petition was filed before the Supreme Court of Pakistan seeking post-arrest bail for the petitioners in a murder case. The prosecution alleged that the co-accused ran over the deceased with a vehicle due to a dispute over a car sale, while the petitioner, Shair Zaib, was sitting in the passenger seat. The core legal question was whether the petitioner's presence in the passenger seat during a sudden, unconventional vehicular assault established a community of intention sufficient to deny bail. The Supreme Court held that the suddenness of the incident and the unconventional method used by the co-accused placed the petitioner's culpability and shared intention within the remit of further inquiry. Consequently, the Court converted the petition into an appeal, allowed it, and granted post-arrest bail to the petitioner, while dismissing the petition as not pressed regarding the co-accused driver.
- Whether the mere presence of an accused in the passenger seat of a vehicle used by a co-accused to run over a victim constitutes a community of intention sufficient to deny bail?
- Does an unconventional and sudden mode of assault by a co-accused bring the case of a passenger within the scope of further inquiry for the purpose of granting bail?
ORDER
QAZI MUHAMM'AD AMIN AHMED, J.---Learned counsel for the petitioner does not press this petition to the extent of Tahir Zaib, petitioner, to his extent, it stands dismissed.
2. It is alleged that on the fateful day i.e. 21.12.2019 at about 15:30 p.m., the petitioner joined his brother to run over Liaqat Khan deceased over a dispute regarding the sale of the same vehicle; Tahir Zaib was on the wheel while Shair Zaib petitioner accompanied him on the next seat.
3. Heard. Record perused.
4. It appears that a situation cropped up all of a sudden resulting into injuries to the deceased; petitioner's culpability for being in the community of intention on account of his presence on the next seat is an issue that in the facts and circumstances of the case can be best settled after recording of evidence. An unconventional mode adopted by A the co-accused to take the life of the deceased and suddenness of the incident squarely bring petitioner's case within the remit of further probe; to his extent Criminal Petition No.658 of 2020 is converted into appeal and allowed; he shall be released on bail upon furnishing bond in the sum of Rs.
500,000/- with one surety in the like amount to the satisfaction the learned trial Court/duty Judge. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- Mukhtiar Ali vs The State 2023 MLD 684