| Citation(s) |
|---|
| 2017 SLG 2209 2017 SLD 2209 2017 YLR 978 |
Lahore High Court
Cr. Misc. No. 3571-B of 2016, decision Dated: 02-05-2016.
ABDUL SAMI KHAN, JUSTICE
Mian Subah Sadiq Klason for Petitioner. Irfan Zia, Deputy Prosecutor-General for the State along with Muhammad Manzoor ASI.
Cr. Misc. No. 3571-B of 2016, decision Dated: 02-05-2016.
ABDUL SAMI KHAN, JUSTICE
Mian Subah Sadiq Klason for Petitioner. Irfan Zia, Deputy Prosecutor-General for the State along with Muhammad Manzoor ASI.
BABAR
VS
THE STATE AND OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(i),337-A(iii), 337-F(i), 148 & 149---Causing shajjah-i-shafifah, causing shajjah-i-hashimah, causing damiyah, rioting armed with deadly weapon, unlawful assembly, common intention---Bail, grant of---Counter version---Further inquiry---According to FIR, allegation on the accused was that he caused injury on the head of the injured---Admittedly father of the accused got registered cross version against the complainant party---As to who was the aggressor and who was aggressed upon was yet to be determined by the Trial Court after recording material evidence---Attending circumstances bringing the case of accused within the ambit of further inquiry covered by S.497(2), Cr.P.C.---Accused was behind the bars for the last more than ten months and trial had not progressed and there was no chance of its early conclusion---No body could be kept in jail for an indefinite period---Bail had already been granted to the other side---If one party in a case of counter-version, was granted bail, other party would also become entitled to the same---Accused was allowed bail in circumstances. (b) Criminal Procedure Code (V of 1898)-- ----S. 497(2)---Bail---Counter-versions---Further inquiry---Case in which cross-version had been recorded in the same criminal case such case had become one of further inquiry. Shahzad Sididque v. The State and another PLD 2009 SC 58 rel. THIS ORDER DELIVERED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497-A, Cr.P.C. the petitioner has sought bail after arrest in case FIR No. 367/2014 dated 27.07.2014, Offence under sections 337-A(iii), 337-A(i), 337-F(i), 148, 149, P.P.C., registered at Police Station Mamu Kanjan, Tehsil Tandlianwala, District Faisalabad. 2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. According to the FIR, the allegation against the present petitioner is that he caused injury on…
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