Case Details

Citation(s)
2017 SLG 1370 2017 SLD 1370 2017 SCMR 1730
Supreme Court of Pakistan
Criminal Petitions Nos. 668-L, 678-L and 909-L of 2017, decided on 12th July, 2017. Heard on: 12th July, 2017. (On appeal from orders Dated 13.4.2017, 21.3.2017 and 28.2.2017 passed by the Lahore High Court, in Cr. Misc. Nos. 5362-B, 621-B and 578-B of 20
SH. AZMAT SAEED, JUSTICE, IJAZ UL AHSAN, JUSTICE
Hasnat Ahmed Khan, Advocate Supreme Court for Petitioners (in Cr. Ps. 668-L and 678-L of 2017). Azam Nazeer Tarar, Advocate Supreme Court for Petitioners (in Cr. P. 909-L of 2017). Ch. Zubair Ahmed Farooq, Additional P.G. along with Fazal Karim, S.I./I.

GHULAM ABBAS ALIAS GAMAN AND others

VS

THE STATE AND others

Law:

Section:

Criminal Procedure Code (V of 1898)---.--- ---.----S. 497---.---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---.---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---.---Bail, grant of---.---Cross-version FIRs---.---Incident in issue was a fight wherein several people died or were injured on both sides---.---Incident apparently took place in front of the house of one of the parties, yet, it appeared to be the result of a sudden fight---.---Absence of pre-meditation could not be overruled in such circumstances---.---Present case was a case of two versions and two FIRs and it was difficult to determine as to which party was the aggressor---.---Counsel for both sides had no objection if accused persons from both sides were granted bail---.---Bail was granted to accused persons accordingly. THIS ORDER PASSED BY: SH. AZMAT SAEED, JUSTICE:---.--- In Criminal Petition No. 668-L of 2017, Petitioner Ghulam Abbas alias Gaman and in Criminal Petition No.678-L of 2017 Petitioners Muhammad Arshad Khan and Muhammad Akram Khan are seeking post-arrest bail in case FIR No.98 dated 16.05.2015 under sections 302, 324, 148, 149, P.P.C., registered at Police Station Wah Bachran, District Mianwali. In Criminal Petition No.909-L of 2017, Petitioner Abdul Waheed is seeking post-arrest bail in case FIR No.97 dated 16.05.2015, under sections 302, 324, 148 and 149, P.P.C., registered at Police Station Wah Bachran, District Mianwali. Apparently, FIRs Nos.97 and 98 of 2015 pertained to the same incident and have been lodged on behalf of the two parties involved…
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