Case Details

Citation(s)
2005 SLG 2793 2005 SLD 2793 2005 PCRLJ 1703
Lahore High Court
Criminal Miscellaneous No. 7071/B of 2004, decided on 19th October, 2004.
KHAWAJA MUHAMMAD SHARIF, JUSTICE
Fayyaz Ahmad Mehr for Petitioner. Ashfaq Ahmad Chaudhry with Idrees S.I. with Record for the State.

BILAL ER

VS

THE STATE --Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Criminal Procedure Code (V of 1898)---- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Bail, grant of---Further inquiry---Name of accused was not mentioned in supplementary statement as an accused---Police Officer, who appeared in the Court along with record, had stated in the Court that three persons had implicated accused in the case---Statements of said three persons recorded under S.161, Cr. P. C. , had shown that neither of them had implicated accused in the case---Case of accused in view of evidence on record, was of further inquiry falling under subsection (2) of S.497, Cr.P.C.---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, JUSTICE:---.--- Learned counsel for the petitioner submits that though the petitioner was named in the F.I.R. but later on the complainant filed a Constitutional petition before this Court which was disposed of with a direction to the Investigating Officer to record his supplementary statement which was recorded, that according to the said supplementary statement name of the petitioner is not mentioned as an accused and that case of the petitioner does not fall within the prohibitory clause of section 497(1), Cr.P.C. 2. Learned counsel for the State has not been able to controvert the submissions made by the learned counsel for the petitioner. 2-A. Muhammad Idrees S.I. has appeared along with the record. He informed this Court, in open Court, that there are statements of Hazi Azhar, Liaqat Gujjar and Muhammad Wazir implicating the petitioner in…
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