| Citation(s) |
|---|
| 2015 SLG 2211 2015 SLD 2211 2015 YLR 1954 |
Lahore High Court
Criminal Miscellaneous No. 13775-B of 2012, decided on 4th January, 2013
SYED MUHAMMAD KAZIM RAZA SHAMSI, J
Faisal Iqbal Awan for Petitioner. Muhammad Ishaque, D.P.G. and Akbar S.I. for the State. Khanzada Muqarram Khan for the Complainant
Criminal Miscellaneous No. 13775-B of 2012, decided on 4th January, 2013
SYED MUHAMMAD KAZIM RAZA SHAMSI, J
Faisal Iqbal Awan for Petitioner. Muhammad Ishaque, D.P.G. and Akbar S.I. for the State. Khanzada Muqarram Khan for the Complainant
ANSAR IJAZ
VS
The STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-Amd, attempt to commit Qatl-i-Amd and rioting armed with deadly weapons---Bail, grant of---Medical ground---Case of further inquiry---Plea raised by accused was that he was physically disable and could not use firearm---Validity---Disability of accused was confirmed by Medical Board by reporting that his right hand was totally amputated while left hand was deformed and functioning poorly---Accused also had mal-united / deformed left leg/left ankle---Accused was disable and infirm person who was unable to fire with any weapon---General allegation of firing was levelled against all nominated persons without describing injuries caused by them---Allegation of firing with pistol .30 bore had been levelled against accused but neither any crime empty was collected from the spot nor any such like weapon could be recovered at the instance of accused---Complainant had also given clean chit to accused by filing affidavit which document was still being owned by him---Case of accused was covered within the ambit of S. 497(2), Cr.P.C. entitling him for grant of bail---Bail was allowed in circumstances. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Ansar Ijaz petitioner seeks his release on bail in case FIR No.308, dated 12-7-2011 registered against him under sections 302, 324, 148, 149, 109, 311, P.P.C. with Police Station Narang, District Sheikhupura. 2. As per contents of the FIR, the brother of son-in-law of the petitioner namely Aftab son of Aslam was murdered and case FIR No.417/2009 was registered at the same police station. In that case, through supplementary statement, the petitioner Ansar Ijaz etc. were nominated for the murder. On the fateful day, the complainant party was going to the office of Superintendent Police (Investigation), Sheikhupura while riding on two different cars who had summoned them for investigations. The car of the complainant was following another car in which Muhammad Shafqat son in law of the complainant, Muhammad Aslam his father and Muhammad Rizwan were sitting. The above said cars were intercepted by the assailants while…
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