| Citation(s) |
|---|
| 2013 SLG 2464 2013 SLD 2464 2013 YLR 734 |
Lahore High Court
Criminal Miscellaneous No1774-B of 2011, decided on 23rd August, 2011
MUHAMMAD QASIM KHAN, J
Abdul Aziz Khan Niazi for Petitioners. Rana Ibrar Hussain for the Complainant. Ch. Muhammad Akbar, Deputy Prosecutor General with Mukhtiar Ahmad A.S.-I
Criminal Miscellaneous No1774-B of 2011, decided on 23rd August, 2011
MUHAMMAD QASIM KHAN, J
Abdul Aziz Khan Niazi for Petitioners. Rana Ibrar Hussain for the Complainant. Ch. Muhammad Akbar, Deputy Prosecutor General with Mukhtiar Ahmad A.S.-I
ZAHOOR KHAN and anothers
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/148/149---Qatl-e-amd, rioting armed with deadly weapons---Bail, grant of---Further inquiry---Accused and co-accused had been nominated in the F.I.R., but no overt act had been attributed to them and they were shown to be merely present at the place of occurrence---Complainant's version had not been found to be wholly truthful during the course of investigation and report under S.173, Cr.P.C. had been submitted against a different set of accused---Applicability of Ss. 148 and 149 of P.P.C. to the extent of the accused and co-accused required further inquiry---Report under S. 173, Cr.P.C. had been sent to court, but there was no substantial progress in the trial---Accused and co-accused were admitted to bail accordingly. ORDER MUHAMMAD QASIM KHAN, J.---Petitioners seek post-arrest bail in case F.I.R. No.46 of 2011 dated 5-2-2011 under sections 302, 148, 149 P.P.C. registered at Police Station Yousafwala, District Sahiwal, wherein, the precise allegation against the petitioners is that at the time of mounting of assault of their co-accused, the petitioners remained present at the place of occurrence. 2. It is argued by learned counsel that petitioners have been falsely involved in this case as a result of widened net. Further argued that although the petitioners have been nominated in the F.I.R. but no overt act is attributed to them, as no injury was caused by the petitioners to anyone. It is further argued that the version of the complainant has been found incorrect during the course of investigation and report under section 173, Cr.P.C. has been submitted against a different set of accused. The learned counsel has next contended that petitioners are behind the bars and after…
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