Case Details

Citation(s)
2013 SLG 2194 2013 SLD 2194 2013 YLR 398
Lahore High Court
Criminal Miscellaneous Nos. 10440-B and 9876-B of 2011, decided on 15th September, 2011
SYED IFTIKHAR HUSSAIN SHAH, J
Muhammad Sohail Dar and Muhammad Mehmood Chaudhary for Petitioners. Malik Muhammad Nadeem for the Complainant. Mirza Abid Majeed D.P.G. along with Muhammad Aslam Inspector for the State

MEHROOZ and anothers

VS

The STATE and others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/109/34---Qatl-e-amd, abetment---Bail, grant of---Further inquiry---Only allegation against accused was that he uttered certain words, in the presence of deceased's father and another person, which constituted the offence of conspiracy---Accused was not present at the time and place of occurrence and no overt act had been attributed to him---Accused could not be expected to have uttered the words constituting conspiracy in the presence of his enemies, who had injured his sons a day earlier---Case of accused being that of further inquiry, he was admitted to bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/109/34---Qatl-e-amd, abetment---Bail, grant of---Further inquiry---Accused had been allegedly present at the spot, armed with firearms and instigated other accused persons to fire at the deceased instead of firing at the deceased himself---Accused had been assigned the role of ineffective firing but weapon of offence had not been recovered from him---Accused had committed no overt act towards the deceased, hence his case was that of further inquiry---Accused was admitted to bail accordingly. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Syed Amanullah Shah v. The State and another PLD 1996 SC 241 ref. ORDER SYED IFTIKHAR HUSSAIN SHAH, J.---This single order will dispose of the instant petition filed by the petitioner Mehrooz and the Criminal Miscellaneous No.9876-B of 2011 filed by petitioner Haji Nazir Hussain. Both have sought post-arrest bail arising out of the same F.I.R. No.281 of 2011 dated 24-4-2011 registered under sections 302/109/34 at Police Station City Gojra District Toba Tek Singh. 2. Concisely, the facts as per F.I.R. are that Abdul Rehman alias Arman Ilahi, younger brother of complainant and Asif son of Haji Nazir were fast friends. 9/10 days prior to the occurrence, Asif took the motorcycle of Arman Ilahi for dropping his sister and when returned the same, its certain parts were changed. Arman Ilahi made complaint to Asif whereupon hot words exchanged between them. One day prior to the…
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