2023 YLRN 43

LIAQAT ALI alias GULL MUHAMMAD Versus State

Citation2023 YLRN 43

CourtLahore High Court

Judge(s)Syed Shahbaz Ali Rizvi

ORDER

SYED SHAHBAZ ALI RIZVI, J.--- Liaqat Ali alias Gull Muhammad, petitioner seeks post arrest bail in case FIR No.159 dated 29.03.2018, offence under Sections 302, 440, 109, 148 and 149, P.P.C. registered at Police Station Saddar Kharian District Gujrat.

2. The allegation against the petitioner is that he along with his co-accused while armed with firearms committed the murder of Majid Mahmood, brother of the complainant.

3. Heard. Record perused.

4. The petitioner, an old man of 79 years of age, as per his Computerized National Identity Card No.34202-0769922-9, though has been assigned the role of causing firearm injury on the right upper arm of Majid Mahmood, deceased yet the fact also remains that according to the entries in the passport of the petitioner placed on record, he left the homeland on 25.03.2018 and entered into the United Arab Emirates on 26.03.2018 whereas, as per outcome of the investigation conducted by a DSP subsequent to the investigation of local police station, he returned to Pakistan on 31.12.2020 whereafter, he was arrested. It has also been surfaced during the investigation that on the day of occurrence, the petitioner was not in Pakistan. During the physical custody with the investigation agency, nothing could be recovered at his instance. These circumstances make the case of the petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898. He is no more required for the purpose of investigation. So far as the abscondance of the petitioner argued by the learned counsel for the petitioner and the learned Prosecutor is concerned, this Court is of the opinion that the same fact is not sufficient to disentitle him to the grant of post arrest bail especially when he has made out his case one of further inquiry hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.10,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial court.

SA/L-6/L Bail granted.