| Citation(s) |
|---|
| 2018 SLG 745 2018 SLD 745 2018 MLD 661 |
Lahore High Court
Criminal Miscellaneous No. 53140/B of 2017, decision Date : 16-11-2017.
ABDUL SAMI KHAN, JUSTICE
Mehram Ali Bali for Petitioner. Ms. Tahira Parveen, D.D.P.P. for the State and Tariq Awan Inspector with record. Muhammad Usman Subhani Khan for the Complainant.
Criminal Miscellaneous No. 53140/B of 2017, decision Date : 16-11-2017.
ABDUL SAMI KHAN, JUSTICE
Mehram Ali Bali for Petitioner. Ms. Tahira Parveen, D.D.P.P. for the State and Tariq Awan Inspector with record. Muhammad Usman Subhani Khan for the Complainant.
SULEMAN SULTAN
VS
THE STATE AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of---Further inquiry---Case of two versions---Medical evidence not corroborating---Although accused was named in FIR with the role of causing firearm injury on left wrist of deceased, yet no firearm injury was observed during postmortem examination; injuries were observed around his left elbow---During investigation, accused was shown just present at the spot at the time of occurrence; he was empty handed and did not cause any injury to the deceased---Case, in circumstances, became a case of two versions---Accused was previous non-convict and was behind the bars for seven and half months without any fruitful progress in his trial---Investigation of the case to the extent of accused was complete and accused was no more required for further investigation---Mere heinousness of offence or absconsion of accused were no grounds for refusal of bail, if otherwise accused was entitled for the same---Benefit of doubt could be given to accused even at bail stage---No useful purpose would be served by keeping accused behind the bars at present stage---Bail was granted accordingly. Pir Bux v. The State 2012 SCMR 1955; Ehsan Ullah v. The State 2012 SCMR 1137 and Zaigham Ashraf v. State and others 2016 SCMR 18 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Scope---Benefit of doubt could be given to accused even at bail stage. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No. 1055/15 dated 23.09.2015 under sections 302, 324, 34, P.P.C., registered at Police Station Islampura, Lahore. 2. I have heard the arguments advanced by learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed by this Court that although petitioner is named in FIR with the role of causing firearm injuries on left wrist of Muhammad Amin Khan…
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