Case Details

Citation(s)
2014 SLG 1095 2014 SLD 1095 2014 MLD 124
Lahore High Court
Criminal Miscellaneous No.268-B of 2013, decision dated: 24-01-2013.
ABDUL SAMI KHAN, J
Malik Ali Gohar for Petitioner. Ch. Muhammad Akram Tahir, Deputy District Public Prosecutor for the State along with Niaz A.S.-I. Agha Abdul Hassan Arif for the Complainant.

KHAWAR ALI

VS

The STATE and others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss. 324/148/149/109/ 337-A(i)/337-F(i)/337-L(2)---Attempt to commit qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, abetment, shajjah-i-khafifah, ghayr-jaifah damiyah, other hurt---Bail, grant of---Further inquiry---Accused allegedly fired at the body of the injured victim---Although accused was named in the F.I.R. but during investigation he was not found present at the place of occurrence at the time of the alleged offence, therefore, he was liable only to the extent of abetment under S. 109, P.P.C---One of the co-accused was found innocent by the investigating officer, while the other two were allowed bail on basis of compromise effected with the complainant---Injury attributed to accused fell under S. 337-A(i), P.P.C which was a bailable offence---Question of applicability of S. 324, P.P.C was to be determined by the Trial Court after recording of evidence---Accused was a previous con-convict---Investigation of the case was complete and accused was no more required for further investigation---Accused was allowed bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 497 & 154---Bail---Registration of other cases against accused---Effect---Mere registration of (other) case(s) against accused without conviction was no ground to refuse bail. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Commencement of trial-Effect---Commencement of trial was no ground to refuse bail, if otherwise the accused became entitled to concession of bail. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case F.I.R. No.490/2012 dated 20-10-2012 under sections 324, 337A(i), 337F(i), 337L(2), 109, 148, 149 P.P.C., Police Station City Chunnian, District Kasur. 2. The learned counsel for the petitioner contends that the petitioner is innocent; he has been falsely involved in this case by the complainant by widening the net; during investigation it has come on record that the petitioner was not present at the place of occurrence at the time of occurrence; co-accused of the…
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