Case Details

Citation(s)
2012 SLG 2543 2012 SLD 2543 2012 YLR 2264
Lahore High Court
Criminal Miscellaneous No. 3174-B of 2012, decided on 7th May, 2012
SHAHID HAMEED DAR, J
Mushtaq Hussain Badani for Petitioners. Miss Muqadass Tahira, Additional Prosecutor General for the State with Umer A.S.-I. Talaat Mahmood, for the Complainant

GHULAM TAHIR and 2 others

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(i)/ 337-F(i)/ 337-F(v)/337-L(2)/ 148/149/379---Shajjah-i-khafifah, ghayr-jaifah damiyah, ghayr-jaifah-hashimah, other hurt, rioting armed with deadly weapons, unlawful assembly, theft---Bail, grant of---Delay in conclusion of trial---Allegation against accused and co-accused persons was that they mounted an attack on the injured and wounded him badly and also took away his wrist watch and cell phone---Validity--- Medico legal report of the injured revealed that he had sustained seven blunt weapon injuries out of which two could be attributed to the accused and co-accused---Said two injuries had been declared as ghayr jaifah-hashimah falling with the definition of S.337-F(v), P.P.C---Investigation officer had opined that accused remained empty handed at the place of occurrence and did not cause any injury to the injured---Co-accused persons were in jail for a period exceeding one year and incarceration period of the accused was also close to one year---Offences with which the accused and co-accused persons were charged did not fall within the prohibitory clause of S.497(1), Cr.P.C---Probability of the trial concluding in the near future was very less---No useful purpose would be served by keeping the accused and co-accused behind bars for an indefinite period---Bail application of accused and co-accused was accepted and they were admitted to bail. ORDER SHAHID HAMEED DAR, J. ---Ghulam Tahir, Muhammad Zahid and Waheed Ali (petitioners) seek bail after arrest in case F.I.R. No. 120, dated 17-4-2011, under sections 337-F (i), 337-F (v), 337-A (i), 337-L (2), 379, 148, 149 P.P.C., registered at Police Station Garh, District, Faisalabad. 2. Precisely the prosecution case as stated by the complainant is that accused Muhammad Zahid, Ghulam Tahir, Muhammad Waheed (petitioners) and Rab Nawaz all armed with sotas, Hafiz Hanif empty-handed joined by four others, all armed with .12 bore guns mounted an attack upon Muhammad Zaman and badly wounded him; Muhammad Zahid (petitioner) gave a sota blow and broke the leg of Muhammad Zaman; accused Ghulam Tahir and Waheed Ali gave blows of their…
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