| Citation(s) |
|---|
| 2010 SLG 1330 2010 SLD 1330 2010 MLD 1793 |
Lahore High Court
Criminal Miscellaneous No. 3412-B of 2009, decision Dated: 30-09-2009.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Petitioner(s) by: Muhammad Rafiq Malana
Respondent(s) by: Shahid Iqbal, Deputy District Public Prosecutor with Iqbal Hussain, S.-I.
Criminal Miscellaneous No. 3412-B of 2009, decision Dated: 30-09-2009.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Petitioner(s) by: Muhammad Rafiq Malana
Respondent(s) by: Shahid Iqbal, Deputy District Public Prosecutor with Iqbal Hussain, S.-I.
MUNEER HUSSAIN
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: West Pakistan Arms Ordinance (XX of 1965)
Section: 13
Law: Pakistan Penal Code, 1860
Section: 34,186,324,353
Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.324/353/186/34---West Pakistan Arms Ordinance (XX of 1965), S.13---Attempt to commit Qatl-e-amd---Bail, grant of---Joint recovery of pistol had no evidentiary value---Recovery should be specific from whom it was made---One weapon of offence could not be recovered from more than one person at the same time---Accused was not shown to have made fire of pistol and he was not nominated in the F.I.R.---Not a single injury was caused to the Police Officials in the alleged encounter---One of co-accused was killed at the spot and his other co-accused succeeded to run away---Challan of the case was submitted in the court---Accused was no more required by the Police for any purpose or investigation---Accused could not be kept behind the bars as punishment---Accused was empty-handed at the time of occurrence---Accused was admitted to bail, in circumstances. Nihal v. State 2007 PCr.LJ 672 ref. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, J.--- Through this petition, the petitioner, Munir Hussain son of Muhammad Nawaz seeks post-arrest bail in case F.I.R. No. 22 of 2009, dated 22-1-2009 registered at Police Station Tulamba, District Khanewal, under sections, 324, 353, 186, 34, P.P.C. 13/20/65 Arms Ordinance. 2. Brief facts as narrated in the F.I.R. are that F.I.R. was registered at the complaint of Zulifqar Ali, A.S.-I Police Station Tulimba and stated that on 10-08 at night Muhammad Ashraf 253/HC Muharrar informed me by telephone that in near Gulshan Noor Town Mohallah Kot Islam three unknown armed persons were rounded on Motorcycle No. 125 immediately I reached at the spot on which I along with other officials immediately approached the Gulshan Noor Town. Muhammad Yasin son of Muhammad Sharif caste Chohan and Watchman Fouji Muhammad Hanif son of Siraj Din caste Rajputt and other members of locality were present at the spot. Muhammad Yasin told me that three armed unknown persons on motorcycle 125 were watch for occurrence, after that I tried to trace the unknown persons at that time when we reached the Canal 8/8R that time three accused persons were coming on the motorcycle, I tried to stop…
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