2020 S C M R 417

[Supreme Court of Pakistan]

Present: Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ
ZULFIQAR---Petitioner
Versus
The STATE and another---Respondents
Criminal Petition No. 1672-L of 2019, decided on 15th January, 2020.
(Against order dated 02.12.2019 passed by Lahore High Court, Lahore in
Criminal Misc. No. 51181-B of 2019)
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd--- Bail, grant of---
Further inquiry---Accused and his co-accused persons were alleged to have made fire
shots at the deceased---Accused was assigned effective role of firing qua the deceased
in the crime report, however the investigating officer opined that the accused had
merely abetted the crime without being present at the spot---Allegedly accused was
accompanied by his two able bodied sons (co-accused), each of whom was lethally
armed---Question was whether in such circumstance the accused had any occasion to
be part of the occurrence was an issue to be best settled after recording of evidence---
Three fire shots sustained by the deceased did not commensurate with the volley of
fires collectively made by the assailants---Such circumstance additionally warranted
further probe---Furthermore accused was in his late sixties, which was yet another
factor in his favour---Culpability of accused certainly called for further probe, thus, a
case for his release on bail stood made out---Accused was granted bail.
Muhammad Ramzan Chaudhary, Advocate Supreme Court and Arshad Ali
Chaudhry, Advocate-on-Record for Petitioner.
Mirza Abid Majeed, Deputy Prosecutor-General Punjab with Abid, I.O. for the
State.
Sajjad Hussain, Advocate Supreme Court for Respondents.
Date of hearing: 15th January, 2020.
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Behind bars since 14.06.2019,
Zulfiqar, petitioner seeks admission to bail. It is alleged that on the fateful day, he
along with his two sons accompanied by three unknown assailants, each armed with a
.30 caliber pistol, confronted Muhammad Shakeel Jahangir, deceased in the backdrop
of a motive relating to a dispute over property; he is attributed first shot to the
deceased on his right shin followed by fire shots by the co-accused. Autopsy revealed
three entry wounds. Effective role qua the deceased assigned in the crime report
notwithstanding, the petitioner has been found by the Investigating Officer to have
merely abetted the crime without being at the spot.
 2. Heard. Record perused.
3. Accompanied by two able bodied sons, each lethally armed, whether the
petitioner had any occasion to venture the occurrence is an issue to be best settled
after recording of evidence. Number of fire shots sustained by the deceased is not
commensurate with the volley of fires collectively made by the assailants including
the unknown is a circumstance that additionally warrants further probe. Acceptance of
plea raised by the petitioner, statedly in his late sixties, is yet another circumstance
converging in his favour; his culpability certainly calls for further probe, thus, a case
for his release on bail stands made out. The petitioner shall be released on his
furnishing bonds in the sum of Rs.500,000/- with two sureties each in the like amount
to the satisfaction of the learned trial Court. The petition is converted into appeal and
allowed.
MWA/Z-2/SC Bail granted.
;