Usman Ali vs State S — 2025 YLR 2696 LAHORE-HIGH-COURT-LAHORE

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Usman Ali VS State S.497---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-e-amd, abetment, common intention---Post-arrest bail, grant of---Accused not nominated in original crime report---Rule of consistency---Allegation against the petitioner/ accused was that he along with his co-accused murdered the father of the complainant by inflicting firearm injuries---Held: Record reflects that two nominated accused persons had already been granted post-arrest bail by the High Court and apparently said order had not been challenged by the complainant---Petitioner is behind the bars since his arrest; he is no more required by the investigating agency for the purpose of further investigation---No useful purpose would be served while keeping the accused petitioner behind the bars for an indefinite period---Granting bail to an accused person does not amount to his acquittal, rather his custody is handed over from State to the surety, who takes the responsibility to produce the accused before the Trial Court---Bail was granted to petitioner, in circumstances. Citation Name: 2025 YLR 2696 LAHORE-HIGH-COURT-LAHOREBookmark this Case Usman Ali VS State S.497 (2)---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Post-arrest bail, grant of---Further inquiry---Accused not nominated in original crime report---Conflicting versions of prosecution---Allegation against the petitioner/ accused was that he along with his co-accused murdered the father of the complainant by inflicting firearm injuries---Held: Petitioner is not nominated in the FIR and the same is lodged by the complainant against two accused persons by naming them, along with two unidentified individuals---However, during the course of investigation, it came to light that the occurrence in question allegedly occurred at the instigation of the nominated accused persons, who are said to have hired the services of the petitioner and another accused person to commit the offence---Notably, the petitioner is the real brother of one of the nominated accused persons---Subsequently, the petitioner was arrested in connection with the case under S.54, Cr.P.C. and sent to judicial lock up for test identification parade, which was later conducted---Pertinently, the original crime report did not attribute any specific injury inflicted upon the deceased to the unknown accused persons, however, during the said identification parade, the petitioner was surprisingly identified by the complainant and the eye-witness with the role of having fired gunshots at the deceased---Thus, the prosecution's case against the petitioner appeared to be based on two conflicting versions, one presented in the crime report and the other emerging from the investigation conducted by the investigating agency---Case of the petitioner is one of further inquiry falling within the ambit of S.497(2), Cr.P.C.---The guilt of the petitioner and recovery of weapon of offence on his pointing out would be determined by the Trial Court after recording of evidence---Bail was granted to petitioner, in circumstances.

Usman Ali vs State S — 2025 YLR 2696 LAHORE-HIGH-COURT-LAHORE

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