Case Details

Citation(s)
2013 SLG 2454 2013 SLD 2454 2013 YLR 730
Lahore High Court
Criminal Miscellaneous No. 1871-B of 2011, decided on 29th April, 2011
RAUF AHMAD SHEIKH, J
Naseer Ahmad Bhutta and Ch. Waris Ali Junjua for Petitioner. Ms. Fauzia Sultana for the Complainant. Mian Muhammad Awais Mazhar, D.P.G. for the State and Muhammad Akram, A.S.-I. along with record

ISHFAQ HUSSAIN

VS

The STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/109/34---Qatl-e-amd, abetment---Bail, refusal of---Broad-daylight occur-rence promptly reported to the police had ruled out the possibility of deliberation and consultation---Eye-witnesses in their statements recorded under S.161, Cr.P.C., had fully supported the prosecution version regarding causing of firearm injury on the back of the deceased, which had been declared fatal in the postmortem report---Case of accused was distinguishable from that of co-accused, who were not attributed any specific injury---Pistol had been recovered from the accused and non-availability of the report of Forensic Science Laboratory, which was only a corroborative piece of evidence, was no ground to disbelieve the prosecution version at the present stage---Prosecution evidence not found sufficient against co-accused could not be said to be not believable against the accused after the trial---Prima facie, sufficient material was available on record to connect the accused with the commission of the offence falling within the prohibitory clause of S.497(1), Cr.P.C.---Abscondence of accused coupled with the said material for more than five years, had disentitled him to bail---Bail application was dismissed accordingly. 2009 PCr.LJ 1101 ref. ORDER RAUF AHMAD SHEIKH, J.---The petitioner seeks post-arrest bail in case F.I.R. No 400 of 2005, dated 6-5-2005, under sections 302/109/34, P.P.C., Police Station Chak Jhumra, District Faisalabad. 2. Briefly stated the prosecution version as set forth in the F.I.R. recorded on the statement of Syed Azam Hussain, complainant is that the petitioner along with his co-accused persons who were all armed with .30-bore pistols made an attack on Tariq Masood deceased, who was going towards his Hospital along with Mazhar Abbas P.W. Allegedly the petitioner made first fire which landed on the back of the deceased and thereafter, he and other co-accused persons made indiscriminate firing which hitting on different parts of the body of the deceased. 3. The learned counsel for the petitioner has contended that, the co-accused of the petitioner Ijaz Hussain has been granted…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492