| Citation(s) |
|---|
| 2010 SLG 955 2010 SLD 955 2010 PLJ 773 |
Lahore High Court
Crl. Misc. No. 3199/B of 2010, decided & hearing on 05.04.2010.
MANZOOR AHMED MALIK, JUSTICE
Sardar Muhammad Ramzan, Advocate for Petitioner. Ch. Muhammad Zafar Khan, DPG for State. Nemo for Complainant.
Crl. Misc. No. 3199/B of 2010, decided & hearing on 05.04.2010.
MANZOOR AHMED MALIK, JUSTICE
Sardar Muhammad Ramzan, Advocate for Petitioner. Ch. Muhammad Zafar Khan, DPG for State. Nemo for Complainant.
NASEER AHMED
VS
STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Bail, grant of--Entitlement--Further inquiry--Where the question of which party was the aggressor and which party was aggressed upon was yet to be determined, the case of the accused became one of further inquiry into his guilt and bail was normally to be granted--Bail granted. THIS ORDER PASSED BY: MANZOOR AHMED MALIK, JUSTICE---.--- Naseer petitioner seeks bail after arrest in cross version of case FIR No. 675/2007 dated 12.08.2007 offence under Sections 337-A(i), 337-A(ii), 337-L(ii), 337-F(iii), 337-F(v), 324, 148 and 149 PPC registered at Police Station Sadar Tandlianwala, District Faisalabad. Precisely allegation against the petitioner is that he alongwith his co-accused in prosecution of their common object launched a murderous assault upon complainant party of the cross version and injured them. 2. Learned counsel for the petitioner, in support of this petition, contends that as a matter of fact the case was got registered at the instance of petitioner's side, however, the Police with mala fide intention registered a false cross version against the petitioner's side; that petitioner is behind the bars for the last about eight months; that during the investigation it was concluded that the petitioner though present at the place of occurrence but he was empty handed; that nothing was recovered from the petitioner, therefore, case of the petitioner is one of further inquiry within the ambit of sub-section (2) of Section 497, Code of Criminal Procedure and as such he is entitled the concession of bail. 3. Police Officer, present in the Court, states that he has effected the service of notice upon the complainant of the cross version but none is present on his behalf. 4. Learned Deputy Prosecutor General, opposes this bail application on the grounds that the petitioner is accused of causing injury to the injured; that the offence alleged against the petitioner is within the prohibitory clause of Section 497, Code of Criminal Procedure. However, after perusal of the record and on instructions from the Police Officer, the learned Deputy Prosecutor General confirms that vide Zimni No. 44 dated…
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