Case Details

Citation(s)
2011 SLG 2194 2011 SLD 2194 2011 YLR 857
Lahore High Court
Criminal Miscellaneous No. 853-B of 2010, decided on 15th June, 2010
CH. MUHAMMAD TARIQ, J
Muhammad Asif Chaudhary for Petitioner. Tanveer Mehmood, D.P.G. with Allah Yar, S.-I. Sajjad Ahmad Bhatti for the Complainant

MUHAMMAD TANAZIR HUSSAIN

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.341/324/34---Criminal trespass and attempt to commit qatl-e-amd---Complainant was examined on the same day---Medico-legal report showed that lacerated entry wound of firearms was on the right thigh of the complainant and was also blackening around the entry wound---Complainant's version was that accused fired while standing outside the car and the bullet hit the complainant after passing through the door of vehicle---If the circumstances would be such, there would have no blackening around the entry wound of the complainant---Investigating Officer had admitted that no empty was recovered from the place of occurrence---Accused was behind the bars for the last more than 8 months---Challan of the case had already been submitted in the court---Accused was no more required for further investigation; his further detention, would not serve any useful purpose---Glaring conflict between the contents of F.I.R. and medico-legal report., had made the case of accused of further inquiry---Accused was allowed bail, in circumstances. ORDER CH. MUHAMMAD TARIQ, J.--The petitioner seeks his bail after arrest in case F.I.R. No.693 of 2009 dated 6-9-2009 for offences under sections 341/324/34, P.P.C. registered with police station Westridge, Rawalpindi. 2. The precise allegation against the petitioner is that he along with his co-accused armed with fire-arms made an attempt to kill the complainant. 3. Learned counsel for the petitioner contends that the petitioner is innocent, he has not committed any offence. Further contends that the medico legal report contradicts the contents of F.I.R. The provision of section 324, P.P.C. does not attract. The petitioner is behind the bar for the last more than six months. He is no more required by the police, therefore, the petitioner be released on bail. 4. On the other hand, learned Deputy Prosecutor-General, Punjab assisted by learned counsel for the complainant has…
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