Case Details

Citation(s)
2010 SLG 2914 2010 SLD 2914 2010 PCRLJ 1644
Lahore High Court
Criminal Miscellaneous No. 3831; B of 2010, decision Date : 28th April, 2010.
CH. IFTIKHAR HUSSAIN, JUSTICE
Ch. Ehsan-ul-Haq Natt for Petitioner. Ch. Abdul Razzaq, D.P.G. for the State with Muhammad Iqbal, S.I. with Police Record. Ch. Asif Mehmood Randahwa for the Complainant.

FAISAL NAWAZ

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,34,109,337-F(i),337-F(iii),337-F(v)

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.324, 34, 109, 337-F(i), 337-F(iii) & 337-F(v)---.---Attempt to commit qatl-e-amd; act, done in furtherance of common intention; ghair-jaifah mudihah, mutalahima and hashimah---.---Bail, grant of---.---Further Inquiry---.---Accused, as per F.I.R., fired two pistol shots hitting non-vital parts of the complainant's son---.---Whether the accused had committed the alleged offence under S.324, P.P.C. would be proved at. trial, his case, therefore, was covered by mischief of subsection (2) of S. 497, Cr.P.C.---.---Other offences allegedly committed by the accused did not fall within the prohibitory clause of S.497(1), Cr.P.C.---.---Accused was behind the bars for last five months and was previous non-convict; his trial had commenced---.---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Petitioner Faisal Nawaz by way of the instant petition has' sought for after-arrest bail in case F.I.R. No. 170 originally registered under sections 324/34/109, P.P.C. with Police Station Kot Ladha, District Gujranwala on 19-8-2009. Later on the police is said to have added the offence under sections 337-F(i)/ 337-F(iii) and 337-F(v), P.P.C. in the same. 2. The facts of the case were recorded in Criminal Misc. No. 1282-B of 2010 of his co-accused Muhammad Azhar on 22-2-2010. I, therefore, avoid to repeat the same here. 3. After hearing the learned counsel for the parties and perusing the record, I find that as per the F.I.R., he has fired pistol shot at Muhammad Shoaibullah, the son of the complainant hitting on his right leg. He fired another pistol shot at him hitting on the same leg. This…
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