Case Details

Citation(s)
2017 SLG 313 2017 SLD 313 2017 MLD 30
Lahore High Court
Crl. M. No. 2338-B of 2016, decided on 9th March, 2016.
MAZHAR IQBAL SIDHU, JUSTICE AND MALIK SHAHZAD AHMED KHAN, JUSTICE
Abdul Latif Hanjra for Petitioner. Muhammad Akram Tahir, DDPP and M. Akram, ASI for
Respondents.

BILAL ALIAS BALI

VS

. THE STATE AND another

Law:

Section:

Criminal Procedure Code (V of 1898)------.----- ------.-------S.497------.-------Control of Narcotic Substances Act (XXV of 1997), S.9(c)------.-----Possession, import or export, trafficking or financing the trafficking of narcotic drugs------.-----Bail, grant of------.-----False implication------.-----Scope------.-----Accused allegedly had been apprehended at the spot along with the recovered charas------.-----Medico-Legal Report revealed that the duration of the injuries sustained by the accused was within eight to twenty hours, which prima facie proved that the accused might have been manhandled by the police and the contraband might have been planted upon him------.-----High Court made certain observations as to the illegal conduct of the police officials in their dealing with criminals and conduct of investigation with reference to the duty of court under injunctions of Islam------.-----Bail application was allowed accordingly. THIS ORDER PASSED BY: MAZHAR IQBAL SIDHU, JUSTICE:---.--- Bilal alias Bali was sent to prison over the charge of possessing 1750-grams Charas and now has prayed for grant of bail. 2. Learned counsel for the petitioner submits that the whole occurrence is tailored one; the petitioner was innocently captured to relentless tortured, then knowing his condition serious has been involved in the false case to cover up the element of repression, in this regard learned counsel has turned to Medico Legal Report carried on 08.09.2015 at 12:10 p.m. by the Medical Officer who observed as many as sixteen injuries, out of it, injuries Nos.1, 2, 3, 13 and 16 were kept under observation for X-Ray report; Further submits that the report of Radiologist reveals that injuries Nos. 1 and 15 carry fracture of bones and have been declared 337-F(v), P.P.C. It has further been submitted that male members of the family of the petitioner have also been falsely involved in different cases of identical nature to deter them to prosecute against the police, therefore, in these circumstances, a case for the grant of bail is made out and hence, has requested for the acceptance of instant application. 3. Learned DDPP has opposed the submissions that the petitioner…
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