Case Details

Citation(s)
2010 SLG 948 2010 SLD 948 2010 PLJ 682
Lahore High Court
Crl. Misc. No. 1976-B of 2009, decided & hearing on 08.06.2009.
PERVAIZ INAYAT MALIK, JUSTICE
Mr. Muhammad Khalid Farooq, Advocate for Petitioner. Mr. Bashir Ahmad, DPG for State. Mr. Altaf Ibrahim Qureshi, Advocate for Complainant.

KHURSHID AHMAD

VS

STATE ETC.

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497 r/w 498--Pakistan Penal Code, (XLV of 1860), Ss. 302, 109, 148, 149--Bail, confirmed--Further Inquiry--Possibility of accused false involvement in the case in hand on account of being a witness to the earlier occurrence cannot be ruled outs has made out a case of further inquiry falling within the ambit of Section 497 read with Section 498, Cr.P.C.--Ad-interim pre-arrest bail already granted to the petitioner--Bail confirmed. THIS ORDER PASSED BY: PERVAIZ INAYAT MALIK, JUSTICE---.--- Khurshid Ahmad petitioner seeks pre-arrest bail in case FIR No. 126/2009 dated 21.4.2009 offences under Sections 302/109/148/149 PPC registered at Police Station Sahuka District Vehari. 2. It is, inter-alia contended that role attributed to the petitioner in the FIR is that of instigation to the principal accused for commission of the offence; that at the time of alleged occurrence the petitioner was not even available in Pakistan and he was away to Saudi Arabia for performance of Umra. Further submits that he has handed over copies of passport and visa and proof of his stay in the hotel at holy places of Macca and Madina; that no incriminating material is available on record; that nothing is to be recovered from the petitioner; that no useful purpose would be served for sending him to jail; that complainant has not even himself levelled allegation against the petitioner but some PW alleges that prior to proceeding to abroad he had instigated the principle accused in his presence; that the occurrence has taken place when the petitioner was performing Umra. Further submits that he was witness in the case FIR No. 341/08 registered against the complainant and that the instant case has been registered against the petitioner with mala fide and due to that grudge. In support of…
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