Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss.302/324/337-A(i)(ii), F(iv)/148/149---Bail, refusal of---Accused was nominated in promptly recorded F.I.R. with specific role of causing injuries with hatchet to three prosecution witnesses which had been fully corroborated by medical evidence---Accused had already been declared more than 18 years of age when occurrence took place and his petition for trial under Juvenile Justice System Ordinance Contradictions pointed out by accused in operational notes and Medico Legal Reports, required deeper appreciation of evidence which was not possible at bail stage---Injured prosecution witnesses, had supported prosecution story for involvement of accused---Delay in conclusion of trial was being caused by accused ---Extraordinary relief of grant of bail, could not be granted to accused, in circumstances. ORDER Muhammad Fayyaz son of Muhammad Sharif seeks after arrest bail in case F.I.R. No.291, dated 28-9-2002 under sections 302, 324, 148, 149, 337-A(i)(ii), F(iv), P.P.C. registered with Police Station Batapur, Lahore. 2. The allegations levelled by the complainant in the F.I.R. are that on 28-9-2002 at 5-30 p.m. Muhammad Hanif younger brother of the complainant was going towards his tube-well. The complainant alongwith his other brothers Ashraf and Muzaffar were also going after him. When Muhammad Hanif passed in front of Haveli of Muhammad Sharif accused, he was asked by Muhammad Sharif to keep his dog tied, on which there was exchange of hot words between Muhammad Hanif and Muhammad Sharif complainant and his other two brothers namely Ashraf and Muzaffar tried to cool down the parties when Muhammad Sharif brought hatchet from his Haveli, his sun Ishaq arrived armed with .222 rifle, his younger son Farzand also armed with .12 bore gun, Faryad armed with Sota, Fayyaz armed with Hatchet and Muhammad Nawaz armed with Sota also emerged at the spot raising Lalkaras. Muhammad Sharif accused gave hatchet blow hitting on the head of Muhammad Hanif, Ishaq fired from his rifle .222 bore on the back of Muhammad Hanif, Faryad caused Sota blows to Muhammad Hanif, Faryad also fired from his .12 bore gun…

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