1992 PCRLJ 1617

MUHAMMAD AKRAM Versus THE STATE

Citation1992 PCRLJ 1617

CourtLahore High Court

Case No.Criminal Misc. No.3709/B of 1991

Date1991-11-18

Judge(s)Sh. Muhammad Zubair

ResultBail granted

Muhammad Akram petitioner who is involved in a case under section 302/109/149/148, P.P.C. arising out of F.I.R. No. 534/.90, dated 18‑12‑1990, registered at Police Station Chunian, seeks to be‑admitted to bail.

2. Briefly the allegation against the petitioner as narrated in the F.I.R. is that he while armed with .12 bore gun resorted to firing in the air..

3. The learned counsel for the petitioner contends that no overt act has been attributed to the petitioner. In fact, the petitioner according to the F.I.R. resorted to firing in the air after the victim received injuries at the hands of the principal accused. He further submits that it would be determined after the recording of some evidence whether the petitioner is liable on the principle of vicarious criminal liability, hence the case against him is one of further inquiry and he is entitled to bail.

4. The learned counsel for the State assisted by the Police Officer has opposed this bail application on the ground that the petitioner is named in the F.I.R. which was lodged promptly. He conceded that no overt act has been attributed to the petitioner except firing in the air but the gun has been recovered at the instance of the petitioner in spite of the fact that no crime empty was found at the spot.

5. After hearing the learned counsel for the parties and perusing the record; I find at present the case against the petitioner is one of further inquiry as it would be determined after the recording of some evidence whether the petitioner had the common object to commit the crime or not. In addition to that, the complainant has involved falsely two persons who were found innocent during the investigation. Due to this reason, no explicit reliance can be placed on this F.I.R. at this stage. In the circumstances, the petitioner is admitted to bail provided he furnishes bail bond 'in. the sum of Rs.50,000 (Rupees fifty thousand only) with one surety .in the like amount to the satisfaction of the learned trial Court.

N.H.Q./M‑393/L

Bail granted.