Case Details

Citation(s)
2016 SLG 1681 2016 SLD 1681 2016 PLJ 813

Crl. M. No. 241-B of 2016, decided on 21.3.2016. Date of hearing: 21.3.2016.
ALI BAQAR NAJAFI, J.
Kh. Qaiser Butt, Advocate for Petitioner. Mr. Muhammad Ali Shahab, DPG for State. Mr. Mudassar Altaf Qureshi, Advocate for Complainant/
Respondent No. 2. Sardar Ghulam Abbas Dogar, Advocate for Muhammad Aslam.

MUHAMMAD RAFI

VS

STATE, etc.--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail, grant of--Cross version--No pistol was recovered from possession of accused nor any evidence was collected to show that it was fired by petitioner--Delay in recording cross-version speaks volumes of its falsity--Petitioner was apparently involved into stretch the complainant version--Questions like injury sustained on the finger and absence of tattooing, blackening on head of two deceased persons were questions which may be appreciated by Court after recording evidence--Petitioner has made out a case for grant of post arrest bail. ORDER The petitioner seeks post arrest bail in the cross-version of dated 11.10.2014 recorded in case F.I.R No. 535 of 2013 dated 24.12.2013 registered under Sections 302, 148, 149, PPC at Police Station Kasowal, District Sahiwal. 2. As per cross-version the allegation against the petitioner/Muhammad Rafi is that the complainant (of the cross-version) namely, AmjadJaved, the brother of Khalid Javed (deceased), went to the house of Shamshad Bibi where Khalid Javed (deceased) had gone to fix some electric problem. The petitioner allegedly questioned Khalid Javed (deceased) as to why he had come to see Alia Bibi. Munir Ahmad, co-accused allegedly fired upon Khalid Javed landing on his left part of the head whereas Muhammad Rafi fired with his pistol hitting on his left finger.Munir Ahmad along with the petitioner had also alleged to have fired upon Alia Bibi on her forehead and the chest and both died on the spot. 3. Arguments heard. Record perused. 4. This cross-version was recorded in case F.I.R No. 535 of 2013 dated 24.12.2013 registered under Sections 302, 148, 149, PPC at Police Station Kasowal, District Sahiwal recorded by Muhammad Aslam (the…
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