| Citation(s) |
|---|
| 2016 SLG 1528 2016 SLD 1528 2016 PLJ 113 |
Lahore High Court
Crl. Misc. No. 4281-B of 2015, decided on 4.8.2015. Date of hearing: 4.8.2015.
ASLAM, JAVED MINHAS, J.
Mian Muhammad Shahid Riaz and Ch. Muhammad Shafique, Advocates for Petitioner. Ch. Muhammad Akbar, learned D.P.G. for State. Mr. Waseem Mumtaz, Advocate for Complainant.
Crl. Misc. No. 4281-B of 2015, decided on 4.8.2015. Date of hearing: 4.8.2015.
ASLAM, JAVED MINHAS, J.
Mian Muhammad Shahid Riaz and Ch. Muhammad Shafique, Advocates for Petitioner. Ch. Muhammad Akbar, learned D.P.G. for State. Mr. Waseem Mumtaz, Advocate for Complainant.
ABBAS ALI
VS
STATE, etc.--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 148 & 149--Bail, grant of--Rule of consistency--Role attributed to accused was identical to co-accused--Petitioner did not make any fire with his gun nor injured any person--Validity--It is an admitted fact that petitioner has not been attributed any injury to deceased or injured/complainant--Petitioner is behind bars and is no more required by police for further investigation--Nothing is to be recovered from his possession and his further detention would not serve any useful purpose to prosecution--Though challan has been submitted before trial Court, but trial has not been commenced so far--Case of petitioner falls within ambit of Section 497(2), Cr.P.C.--Petitioner has succeeded to make out his case of post-arrest bail. ORDER Abbas Ali, the petitioner seeks post arrest bail in case FIR No. 234/14 dated 12.08.2014, offence under Sections 302/324/148/149, PPC, registered with Police Station Sheikh Fazil, District Vehari. 2. According to the story of the FIR, the petitioner with co-accused in furtherance of common object while armed with rifle murdered the mother of the complainant and also caused injuries on his left leg. 3. Arguments heard. Record perused. 4. Perusal of record reveals that during investigation Fazal Ahmed co-accused was found innocent and his bail petition was dismissed as withdrawn vide order dated 23.09.2014. While pre-arrest bail of co-accused namely Mst. Shahida, Mst. lqra and Mst.Raheela was confirmed by learned ASJ Burewala vide order dated 25.09.2014. Record further reveals that post-arrest bail of the co-accused Nazir Ahmed having same role has been allowed by the learned trial Court vide order dated 24.02.2015. It is argued that rule of consistency in the case in hand is fully applicable. 5. Bare perusal of FIR reveals that the role attributed to the present petitioner is identical to the co-accused namely NazirAhmed, who…
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