Case Details

Citation(s)
2017 SLG 628 2017 SLD 628 2017 MLD 399
Lahore High Court
Crl. Misc. No. 3352-B of 2016, decided on 19th September, 2016.
SHAHID HAMEED DAR, JUSTICE
Mehr Zakir Hussain for Petitioners (in Crl. Misc. Nos.3352-B/2016 and Crl.Misc.No.11028-B/2016). Qamar Zaman Qureshi for Petitioner (in Crl. Misc. No.9220-B/2016). Rana Tassawar Ali Khan, Deputy Prosecutor General Punjab for the State with Falak Sher AS

SHARAFAT ALI AND ANOTHER --AppellantS

VS

THE STATE AND ANOTHER --RespondentS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 364-A, 337-A(i), 337-F(i), 337-L(2), 336, 148 & 149---Juvenile Justice System Ordinance (XXII of 2000 ), S. 10(7)(a)---Attempt to commit qatl-i-amd, rioting armed with deadly weapons, kidnapping a person under the age of fourteen years, causing shajjah-i-khafifah, damiyah, hurt and causing itlaf-i-udws---Bail, grant of---Statutory ground of delay in conclusion of trial---Joint trial of accused persons (petitioners) and co-accused persons---Prosecution produced witnesses only on four occasions during the period of last two years, but only when some of the co-accused and some times a few of them were not produced from jail---Accused-persons could not be held responsible for the idleness of the prosecution, as being in jail---Accused persons and some of the co-accused were being tried jointly---Only because some of the co-accused persons had been playing hide and seek with the trial court or causing delay in conclusion of their trial, accused persons could not be deprived of bail---Nothing was available on record to the effect that accused-persons were hardened, desperate or dangerous criminals---Accused-persons were not shown to have ever committed an act of terrorism, punishable under the Anti-Terrorism Act, 1997 or the other allied laws---Accused were granted bail, in circumstances. Muhammad Afzal Butt alias Aphi v. The State and others 2015 SCMR 1696 rel. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- The petitioners, Sharafat Ali, Muhammad Khan (Crl.Misc.No.3352-B/2016), Jaffar Ali Zafar (Crl. Misc. No. 9220-B/2016) and Muhammad Tayyab Raza (Crl. Misc. No. 11028-B/2016), a juvenile, seek post-arrest bail on the statutory ground of delay in conclusion of their trial in case-FIR No. 383/2013, dated 5.9.2013, under sections 324, 364-A, 337-A(i), 337-F(i), 337-L(2), 336, 148, 149 P.P.C., registered at police station Chak Baidi (Pakpattan Sharif), on the complaint of Muhammad Haroon. All three above-noted applications are compositely decided hereby. 2. Precisely, the story of FIR as narrated by the complainant is that his maternal nephew Atta Ullah, a student of…
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