| Citation(s) |
|---|
| 2017 SLG 1196 2017 SLD 1196 2017 PLJ 410 |
Crl. Misc. No. 557-B of 2017, decided on 2.3.2017. Date of hearing: 2.3.2017.
ASJAD, JAVAID GHURAL, J.
Mr. Nadeem Ahmed Tarar, Advocate with Petitioner. Mr. Zafar Iqbal Shah, Advocate for Complainant. Mr. Adnan Lateef, Deputy District Public Prosecutor for State.
NASIR MURTAZA . er
VS
STATE and another . --Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898) --.-- --.-- S. 498 --.-- Pakistan Penal Code, (XLV of 1860), Ss. 337-A(iii) & 34 --.-- Bail before arrest, confirmed --.-- Report of re-examination of injured --.-- Disagree with MLC --.-- Possibility of fabrication could not be ruled out --.-- Admittedly, neither any weapon was used in alleged occurrence nor was required to be recovered from petitioner --.-- Implication of petitioner along-with his real brothers seems to be tainted with mala fide and ulterior motive --.-- Petitioner has already joined investigation and his physical custody is not required any more to police for purpose of investigation --.-- Bail was confirmed. ORDER Through instant petition Nasir Murtaza, the petitioner seeks pre-arrest bail in case FIR No. 199 dated 26.10.2016, in respect of offences under Sections 337-A(iii), 34 PPC, registered at Police Station Thatha Sadiqabad, District Khanewal. 2. Precise allegation against the petitioner, as contained in the crime report, is that on 22.10.2016 at 06:00 a.m. Khadim Hussain(complainant's father) was busy in conversation with Imam Masjid with regard to falling of wall belonging to Sakhawat Ali (complainant's uncle), meanwhile the petitioner along-with Ghulam Mujtaba and Istikhar flared up and in furtherance of their common intention, assaulted uponKhadim Hussain. The petitioner made fist blow at the nose of Khadim Hussain, resulting into fracture of nosal bone, hence this case. 3. Arguments heard. Record perused. 4. This occurrence as alleged by the complainant was took place on 22.10.2016 whereas the matter was reported to the police on 26.10.2016 with the…
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