| Citation(s) |
|---|
| 2016 SLG 1594 2016 SLD 1594 2016 PLJ 306 |
Lahore High Court
Crl. Misc. No. 9608-B of 2015, decided on 2.12.2015. Date of hearing: 2.12.2015.
SADAQAT ALI KHAN AND MRS. ERUM SAJAD GULL, JJ.
Sardar Muhammad Latif Khan Khosa, Advocate for Petitioners. Mr. Zaheer Ahmad Cheema and Mr. Muhammad Younis Bhullar, Advocates for Complainant. Mr. Khurram Khan, DPG for State.
Crl. Misc. No. 9608-B of 2015, decided on 2.12.2015. Date of hearing: 2.12.2015.
SADAQAT ALI KHAN AND MRS. ERUM SAJAD GULL, JJ.
Sardar Muhammad Latif Khan Khosa, Advocate for Petitioners. Mr. Zaheer Ahmad Cheema and Mr. Muhammad Younis Bhullar, Advocates for Complainant. Mr. Khurram Khan, DPG for State.
MOHID and anothers
VS
STATE and another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(1)--Pakistan Penal Code, (XLV of 1860), Ss. 336-B, 452, 34, 337-A(2) & 337-F(i)--Anti-Terrorism Act, (XXVII of 1997), S. 23--Scheduled offence--Bail, dismissal of--Acid was thrown on injured--Act of terrorism punishable with imprisonment for life--Held: Third proviso for releasing of accused on expiry of statutory period shall not apply to a person who is accused of an act of terrorism punishable with death or imprisonment for life--Bail was dismissed. ORDER The instant Criminal Misc. has been moved by the petitioners Mohid and Muhammad Usman alias Zeshan alias Shani for grant of post arrest bail in case FIR 200 dated 15.5.2014 under Sections 336-B, 452/34, 337-A(i), 337-F(i), PPC Police Station, QillaDedar Singh, Gujranwala after the dismissal of the same by the Court below. 2. The precise allegation against the petitioners is that they along with their co-accused while trespassing into the house ofBashir Ahmad complainant threw acid on his son Hamza injured PW who was lying on a cot in his house as a result of which he sustained injuries. 3. We have heard the learned counsel for the parties and perused the record. 4. Initially, post arrest bail petition of the petitioners was dismissed by Special Judge Anti-Terrorism vide order dated 19.8.2014. After eleven days of dismissal of their post arrest bail petition, petitioners again moved an application for their post arrest bail before the same Court which was allowed by the same Court (Special Judge Anti-Terrorism Court) vide order dated 8.9.2014. 5. Bashir Ahmad complainant/Respondent No. 2 (real father of Hamza injured PW) moved Criminal Misc. No. 12332-CB of 2014 before this Court for recalling the bail granting order mentioned above which was allowed by this Court vide order dated 26.11.2014 by observing therein as under: "After hearing the learned counsel for the parties and going through the record it has been noticed by us that first post-arrest bail moved by Respondents No. 2 and 3 was dismissed by the learned Special Judge, Anti-Terrorism Court-II, Gujranwalavide order dated 19.8.2014. After 11 days of dismissal of their post-arrest bail…
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