Muhammad Ashfaq vs State S — 2024 MLD 1305 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Muhammad Ashfaq VS State S. 497(1)---Penal Code (XLV of 1860), Ss. 302, 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Petitioner/accused along with his co-accused persons were charged for committing murder of the brother of the complainant by firing---Admittedly petitioner neither caused any injury to deceased of the case nor to anybody else in this case, rather allegation of closing door of the room where complainant and other witnesses were present, raising lalkara as well as taking deceased into clasp had been leveled against him---So far as lalkara was concerned, whether it was proverbial or commanding would be seen during trial---As far as allegation of taking deceased of the case into clasp by the present petitioner was concerned, suffice to say that when it was prosecution's own case that both arms as well as legs and chest of deceased were hit with shots fired by firearm then taking into clasp the victim while exposing himself to the risk of being hit itself required further probe/inquiry---During investigation, it had been concluded that petitioner was not equipped with any weapon at the time of occurrence rather he came, entered into the place of occurrence empty handed and was present at the place of occurrence when co-accused committed the occurrence while making firing from his pistol---Another accused against whom similar role of raising lalkara as well as clasping deceased of the case was alleged had been declared innocent during investigation of the case and similar was the position of accused persons of abetment who had also been found innocent during investigation of the case---Nothing had been recovered from the present petitioner---Case of the prosecution against the petitioner, at present, required further probe/inquiry and fell within the purview of subsection (2) of S.497, Cr.P.C.---Petitioner was arrested in the case on 10.09.2023 and sent to jail on 18.09.2023 where he was confined till now---Mere detention of the petitioner in the lockup would not serve any useful purpose to the case of prosecution---Bail could not be withheld as advance punishment---Bail petition was allowed, in circumstances. Citation Name: 2024 MLD 1305 LAHORE-HIGH-COURT-LAHORE Muhammad Ashfaq VS State S. 497---Bail order---Observations of Court---Scope---Observations made in the bail order are just tentative in nature, strictly confined to the disposal of bail petition and same have no bearing upon trial of the case. Citation Name: 2024 MLD 1305 LAHORE-HIGH-COURT-LAHORE Muhammad Ashfaq VS State Ss. 497 & 498---Bail---Scope---To err in granting bail is better than to err in declining the same because ultimate conviction and sentence can repair the wrong resulting from mistaken relief of bail.

Muhammad Ashfaq vs State S — 2024 MLD 1305 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 MLD