Sarfraz Ali vs State Ss — 2024 YLR 2847 LAHORE-HIGH-COURT-LAHORE

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Sarfraz Ali VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 302, 397, 109 & 34---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, abetment, common intention---Pre-arrest bail, confirmation of---Further inquiry---Accused was charged for committing murder of the husband of complainant---In the present matter, prosecution itself had two versions qua the petitioner---During the trial, neither the Trial Court summoned the petitioner nor prosecution agitated the same and charge was framed against his co-accused persons and the trial was at evidence stage---Furthermore, private complaint was also moved by the respondent No.2 on 07.02.2023 wherein the petitioner was also arrayed as accused---As such, keeping in view such aspects, the case to the extent of petitioner squarely fell within the ambit of further inquiry and since the trial in the state case was on its way and private complaint had also been filed by the complainant, therefore, indictment of the petitioner in the crime would be best adjudged by the Trial Court after recourse to evidence---Admittedly, while deciding pre-arrest bail, merits of the case could be touched upon by the Court---Post arrest bail petition of the co-accused had been granted by the High Court vide order dated 10.10.2022 whereas that of other co-accused had been allowed vide order dated 20.10.2022 by the Trial Court---Alleged role of said co-accused persons had also been of abetment and the petitioner was also alleged of the same crime, therefore, the role ascribed to the petitioner could not be distinguished from that of his co-accused persons---Declaration of innocence by the Investigating Officer and his non-summoning during trial by the trial Court made the case of the petitioner at a better footing than that of his co-accused persons---Although complainant alleged that said orders had been challenged yet that version was without any substance or force as the bail granting order had not been recalled hence, could not be taken into consideration---Bail petition was accepted and ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances.

Sarfraz Ali vs State Ss — 2024 YLR 2847 LAHORE-HIGH-COURT-LAHORE

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