Case Details

Citation(s)
2010 SLG 914 2010 SLD 914 2010 PLJ 522
Lahore High Court
Crl. Misc. No. 1164-B of 2009, decision & hearing Dated: 29.04.2009.
JAMSHED RAHMAT ULLAH, JUSITCE
Mian Tahir Iqbal, Advocate for Petitioner. Mr. Saghir Ahmed Bhatti, Advocate for Complainant. Ch. Sarfraz Ahmed Zia, DPG for State.

ADNAN ALIAS DANO

VS

STATE AND ANOTHER

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code 1860 (XLV of 1860)--Ss. 302, 397 & 411--Bail--Dismissal of--Prayer for--Petitioner alongwith his co-accused while committing dacoity, had murdered father of complainant--Allegation of--Prima-facie, involvement of petitioner in case cannot be ruled out--Offence was heinous in nature which falls within prohibitory clause of S. 497 Cr.P.C.--Petitioner was involved in as many as eight cases and during investigation, petitioner has been found guilty of offence--Recovery has been effected from petitioner and no enmity between complainant and petitioner has been brought on record--No case for grant of bail is made out--Petition dismissed. THIS ORDER PASSED BY: JAMSHED RAHMAT ULLAH, JUSITCE---.--- The petitioner, seeks post-arrest bail, in a case F.I.R No. 752/2007, dated 16.11.2007, offences under Sections, 302, 397, 411 P.P.C, registered at Police Station City Burewala District Vehari with the allegation that the petitioner alongwith his co-accused while committing dacoity, has murdered the father of the complainant namely Muhammad Tufail. 2. Learned counsel for the petitioner states that the petitioner is innocent and has been falsely implicated in this case by the complainant with mala fide intention. Further submits that the petitioner is not nominated in the F.I.R and he was nominated in the supplementary statement of the complainant, which has been recorded after about six months of the occurrence. Actually, the alleged occurrence is blind murder, which has not been seen by any one. Further submits that the alleged recovery has been planted upon the petitioner and no recovery has been effected from his possession. The case against the petitioner is false and baseless and the petitioner has no nexus with the commission of the offence. Lastly argued that the petitioner is behind the bar since his arrest and…
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