| Citation(s) |
|---|
| 2013 SLG 1999 2013 SLD 1999 2013 YLR 216 |
Lahore High Court
Criminal Miscellaneous No.8703-B of 2012, decision dated: 3rd September, 2012
SAYYED MAZAHAR ALI AKBAR NAQVI, J
Akhtar Hussain Bhatti for Petitioner. Mian Muhammad Awais Mazhar, Deputy Prosecutor General. Ch. Zahid Iqbal for the Complainant. Ghulam Hussain, A.S.-I. With police record
Criminal Miscellaneous No.8703-B of 2012, decision dated: 3rd September, 2012
SAYYED MAZAHAR ALI AKBAR NAQVI, J
Akhtar Hussain Bhatti for Petitioner. Mian Muhammad Awais Mazhar, Deputy Prosecutor General. Ch. Zahid Iqbal for the Complainant. Ghulam Hussain, A.S.-I. With police record
MUHAMMAD ASHRAF
VS
THE STATE and another
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: .302/324/34/337-F(iii)/336
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/34/337-F(iii)/336---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, ghayr-jaifah-mutalahimah, itlaf-i-salahiyyat-i-udw---Bail , grant of---Accused and co-accused persons were alleged to have launched an attack upon complainant party while armed with fire-arms---Accused was specifically attributed the role of firing a shot which landed on the right shin of the injured witness---Accused was not ascribed any overt act which contributed towards death of deceased---Prima facie, in view of allegations, at the most case against accused attracted provisions of S.337-F(iii), P.P.C. for which maximum punishment was three years---Investigating officer had found that accused was only present at the place of occurrence and did not participate in the same---Nothing was recovered on pointation of accused---Culpability of accused regarding his vicarious liability would be determined by Trial Court after recording evidence---Investigation was complete and accused was no more required for further investigation---Accused was admitted to bail in circumstances. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 and Abdul Hameed v. Zahid Hussain alias Papu Chaman Patiwala and others 2011 SCMR 606 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---By means of instant petition, Muhammad Ashraf/petitioner has sought for his post-arrest bail in case F.I.R. No.527, dated 22-7-2011, initially registered under sections 302, 324, 148, 149, P.P.C., at Police Station Saddar Depalpur, District Okara, at the instance of Irshad Ahmad son of Muhammad Nawab complainant/respondent No.2. Subsequently offence under sections 148, 149, P.P.C., were deleted and offence under sections 336, 337-F(iii), 34, P.P.C., were added. 2. Prosecution story in brief, as per contents of the crime report is that on 22-7-2011 at 4-00 p.m. the petitioner while armed with pistol .30-bore along with his other co-accused also armed with firearms attacked upon the complainant party. Due to firing made by co-accused Shabbir Ahmed, brother of the complainant was done to death and the others sustained injuries. The…
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