| Citation(s) |
|---|
| 2004 SLG 2852 2004 SLD 2852 2004 PCRLJ 87 |
Lahore High Court
Criminal Miscellaneous Nos. 582/B and 740/B of 2003, decided on 17th February, 2003. Date of hearing: 17th February, 2003.
MIAN MUHAMMAD, JEHANGIR, JUSTICE
Sh. Najam ul Hassan for Petitioner. Muhammad Ahsan Bhone for the Complainant. Rai Zameer ul Hassan Kharal for the Complainant (in Criminal Miscellaneous No. 740/B of 2003). Azhar Abbas Kazmi for the State.
Criminal Miscellaneous Nos. 582/B and 740/B of 2003, decided on 17th February, 2003. Date of hearing: 17th February, 2003.
MIAN MUHAMMAD, JEHANGIR, JUSTICE
Sh. Najam ul Hassan for Petitioner. Muhammad Ahsan Bhone for the Complainant. Rai Zameer ul Hassan Kharal for the Complainant (in Criminal Miscellaneous No. 740/B of 2003). Azhar Abbas Kazmi for the State.
JAVAID IQBAL ER
VS
THE STATE --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302/109/148/149
Criminal Procedure Code (V of 1898) -- S. 497(2) Penal Code (XLV of 1860), Ss.302/109/148/149 Bail, grant of Further inquiry Prosecution story showed that the accused was present at the spot on the day of occurrence, whereas factual position as provided on record was that on the day of occurrence he was under arrest in another case Such fact was verified by Investigating Officer and the same was found to be correct, and accused was declared innocent in the case Prosecution version having been negated by documentary evidence, case of further inquiry to the extent of the accused Opinion of local police to the extent of co accused being not based upon any sound material he was released on bail. Muhammad Sadiq v. Sadiq, and others PLD 1985 SC 182; Dr. Muhammad Aslam v. The State 1993 SCMR 2288; Muhammad Aslam v. The State 1982 PCr.LJ 529; Noor Ahmad v. The State 1993 PCr.LJ 1517; Gulzar Ahmad v. The State 1994 SCMR 1728 and Jan Muhammad v. Abdul Latif and 3 others 2003 MLD 72 ref. THIS ORDER PASSED BY: MIAN MUHAMMAD JEHANGIR, JUSTICE:---.--- Javaid Iqbal son of Ali Muhammad, caste Jat, resident of Village Hardopipli, Tehsil and District Hafizabad through Criminal Miscellaneous No. 582/B of 2003, and Luqman Asghar alias Maanu son of Muhammad Ashraf, caste Bhatti, resident of village Kamomalli, Tehsil and District Gujranwala alongwith Muhammad Akram son of Saifullah caste Bawra, resident of of Hardopipli, Tehsil and District Hafizabad, through Criminal Miscellaneous No. 740/B of 2003, have applied for their after arrest bail in the case bearing F. I. R. No. 126, dated 4 7 2002 which stands registered against them under sections 302, 109, 148/149, P.P.C., with Police Station Vanikay Tarar, District Hafizabad, therefore, both the petitions are being disposed of together. 2. The allegation against the petitioners is that on 4 7 2002 at about 3 00 p.m. in the area of Thhathh Nehra, Javaid Iqbal armed with rifle .244 bore Rauf Iqbal son of Taj Din armed with rifle .222 bore, Luqman Asghar alias Maanu armed with pistol .30 bore on one motorcycle while Bashir Ahmed alias Bau, Muhammad Akram son of Saifullah, Nasra son of Ghulam Haider armed with rifles on the other…
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