Case Details

Citation(s)
2017 SLG 71 2017 SLD 71 2017 SCMR 19
Supreme Court of Pakistan
Criminal Petition No. 46-L and Criminal Miscellaneous Application No. 24-L of 2016 Dated 1st February, 2016. Hearing Date : 1st February, 2016.
ASIF SAEED KHAN KHOSA, JUSTICE AND MANZOOR AHMAD MALIK, JUSTICE
Shahzad Hassan Sheikh, Advocate Supreme Court for Petitioner. Asjad Javed Ghural, Additional ProsecutorGeneral, Punjab and Sajjad, I.O. for the State.

KALEEM ULLAH

VS

. THE STATE AND OTHERS --RespondentS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Sections 324, 427, 109, 148 & 149---Attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---No specific injury had been attributed to the accused in the FIR---Ten accused persons were implicated in the FIR out of which seven persons were exonerated during the investigation, therefore, the question regarding culpability of accused required further probe into his guilt within the purview of S. 497(2), Cr.P.C.---Investigation of the case had already been finalized and a challan had been submitted and despite framing of a charge by the Trial Court no prosecution witness has so far got his statement recorded during the trial---Accused was behind bars since about last 8 months and his continued incarceration was not likely THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Criminal Miscellaneous Application No. 24-L of 2016 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Petition No. 46-L of 2015 is condoned. Disposed of. Criminal Petition No. 46-L of 2015 2. Through this petition Kaleem Ullah petitioner has sought leave to appeal against the order dated 13.10.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 11871-B of 2015 whereby post-arrest bail was refused to him in case FIR No 77 registered at Police Station Kamer Mashani, District Mianwali on 03.05.2015 in respect of offences under sections 324/427/ 109/148/149, P.P.C. 3. After hearing the learned counsel for the…
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