AMIR ZAMAN Versus State

ORDER

MALIK HAQ NAWAZ, J.--- The petitioner along with two co-accused has been booked for the offences under section 302/34, P.P.C. vide FIR No.12/2017 dated 06.02.2017, registered at Police Station Danyore on the written application of one Kashif Hussain a real brother of deceased Asif Hussain.

2. As per prosecution case the complainant stated in the FIR that some unknown accused murder his brother Asif Hussain by opening fire shots upon him, while he was sitting in his shop situated in Chandni Chowk Danyore.

3. During investigation of the case the petitioner and two co-accused namely Syed Arif Hussain and Syed Komail Abbas were arrested. The petitioner applied for post arrest bail in the Court of learned Addl. Sessions Judge, which was refused to him vide judgment/order dated 13-05-2019, which is now impugned before this Court.

4. The learned counsel for the petitioner submitted that the judgment/ order passed by the learned Addl. Sessions Judge is not sustainable in the eyes of law as the learned trial Court failed to appreciate the merits/demerits of the case in its true perspective. The learned defence counsel stated at bar that in the FIR no one was charged by the complainant. The so-called eye-witnesses have not charged the petitioner for any overt act except his presence at the place of occurrence nor any recovery has been effected from his possession. The petition's case is one of the further inquiry and he deserve concession of bail. The learned counsel relied on 2002 SCMR 1299, 2009 YLR 181, 2011 SCMR 902 and 2011 YLR 2277.

5. The learned Dy. Advocate General and learned counsel for complainant submitted that two co-accused have been refused bail by this Court and the petitioner though has not caused any injury to the deceased, yet he facilitated the commission of murder as after commission of offence he was seen decamping from the place of occurrence on a motorcycle as stated by the eye-witnesses. The provisions of section 34, P.P.C. are fully attracted and the petitioner does not deserve the concession of bail. They relied on 1980 SCMR 203, 2001 PCr.LJ 134 and 2010 MLD 1608.

6. Two co-accused namely Syed Arif Hussain and Syed Komail Abbas are charged for opening fatal fire shots on the person of deceased Syed Asif Hussain. No overt act is attributed to the petitioner Aamir Hussain except his mere presence near the place of occurrence. No recovery of weapon of offence has been affected from the petitioner. The question of attraction of section 34, P.P.C. is a question of fact, which will be decided by the learned trial Court after recording of some evidence. The case of the present petitioner is one of the further inquiry falling under section 497(2), Cr.P.C. The petitioner is admitted to bail subject to his furnishing a bail bond in the sum of Rs. 500000/- (Five lac) with two sureties in the like amount to the satisfaction of learned trial court.

SA/117/GB Bail granted