| Citation(s) |
|---|
| 2020 SLG 2084 2020 SLD 2084 2020 1668 |
Lahore High Court
Criminal Miscellaneous No. 3607-B of 2020, decision Dated: 10-09-2020
CH. ABDUL AZIZ, JUSTICE
Sardar Mehboob for Petitioner. Tahir Mehmood and Muhammad Sarwar Awan for the Complainant. Syed Nadeem Haider Rizvi, Deputy Prosecutor General with Allah Bakhsh Inspector and Ghulam Mustafa, SI for the State.
Criminal Miscellaneous No. 3607-B of 2020, decision Dated: 10-09-2020
CH. ABDUL AZIZ, JUSTICE
Sardar Mehboob for Petitioner. Tahir Mehmood and Muhammad Sarwar Awan for the Complainant. Syed Nadeem Haider Rizvi, Deputy Prosecutor General with Allah Bakhsh Inspector and Ghulam Mustafa, SI for the State.
ABDUL WAKEEL
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302,324,148,149
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to Qatl-i-amd and rioting armed with deadly weapons---Bail, grant of---Two version---Role of accused---Suppression of injuries---Three alleged co-assailants received injuries and in support thereof respective Medico Legal Reports were available on record---Effect---Cases of two versions are generally regarded appropriate for grant of post arrest bail more importantly when accused seeking such remedy is not ascribed some exceptional aggression---Neither in cross-version nor in statements of witnesses recorded under S. 161, Cr.P.C. any explanation was put forth as to how the three persons received firearm injuries---From suppression of injuries of three persons, a prima facie conclusion could be drawn that both sides did not set out their respective versions as per the actual facts---Suppression of injuries to accused persons was a factor in favour of accused---Bail was allowed in circumstances. Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845; Muhammad Shahzad Siddique v. The State and another PLD 2009 SC 58; Muhammad Zahid Umar v. The State and others 2016 SCMR 1246; Faisal Khan and 3 others v. The State and another 2017 MLD 1220; Ahmed Hussain v. The State and another 2016 YLR 1503; Khadim Hussain and others v. The State and others 2015 MLD 543; Ramzan alias Jan Qazi v. The State and another 2013 YLR 1307 and Muhammad Aamir v. The State 2010 PCr.LJ 512 rel. ORDER CH. ABDUL AZIZ, JUSTICE:---.--- Through this petition filed in terms of section 497, Cr.P.C., Abdul Wakeel (petitioner) has prayed for the grant of post-arrest bail in cross-version recorded vide Entry/Rappat No.2/2020 dated 29.04.2020 under sections 302, 324, 148 and 149, P.P.C. in FIR No.280/2020 dated 25.04.2020 registered under sections 324, 148 and 149, P.P.C. at Police Station Makhdoom Rasheed, Multan. 2. Precisely stated the case of prosecution as it gleans from the cross-version is to the effect that one Dr. Atta Muhammad purchased agricultural land on the canal bank in Basti Manak and was constructing cattle-shed thereupon; that Abdul Wakeel…
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