| Citation(s) |
|---|
| 2019 SLG 36 2019 SLD 36 2019 PLJ 149 |
Lahore High Court
Crl. Misc. No. 6272-CB of 2018, decision & hearing Dated: 13.12.2018.
TARIQ SALEEM SHEIKH, JUSTICE
Petitioner(s) by: Kh. Qaiser Butt and Malik Shahnawaz Khokhar, Advocates
Respondent(s) by: Mr. Muhammad Ahsan-ul-Haq, DPG Rana Muhammad Javed Akhtar, Advocate
Crl. Misc. No. 6272-CB of 2018, decision & hearing Dated: 13.12.2018.
TARIQ SALEEM SHEIKH, JUSTICE
Petitioner(s) by: Kh. Qaiser Butt and Malik Shahnawaz Khokhar, Advocates
Respondent(s) by: Mr. Muhammad Ahsan-ul-Haq, DPG Rana Muhammad Javed Akhtar, Advocate
ALLAH YAR
VS
STATE AND 2 OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Pakistan Penal Code, 1860
Section: 148,149,337-A(1)/337-A(2),337-F(5),337F( 6),337-L(2),
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(1)/337-A(2)/337-L(2)/337-F(5)/337F(6)/148/149--Cancellation of Pre-arrest bail--Dismissal of--Respondent has not been ascribe any specific role except causing damage to the standing crop of the petitioner--Other Respondent is accused of a commanding lalkara and inflicting two hatchet blows--Medical evidence does not support ocular account--Injuries attributed to him were found to have caused by blunt weapon--Case of two versions--In cross version alleged that the petitioner and his co-accused assaulted them as a result of which five persons from her side were injured--Cross-version is supported by the MLCs of the injured--During the occurrence both the parties were injured each of them is claiming that the other is aggressor. The question as to which version is correct would be determined by trial Court after recording evidence--Bail granting order is not arbitrary or perverse--No case for cancellation of bail--Application was dismissed. PLJ 2018 SC 445, ref. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE---.---- Through this application under Section 497(5), Cr.P.C. the Petitioner seeks cancellation of the pre-arrest bail granted to Respondents No. 2 & 3 by the learned Additional Sessions Judge, Layyah, in case FIR No. 335/2018 dated 10-7-2018 registered at Police Station Karor, District Layyah, for offences under Sections 337-A(i)/337-A(ii)/337-L(2)/337-F(v)/337-F(vi)/148/149, PPC. 2. Briefly, the allegation against Respondents No. 2 & 3 is that on 9-7-2018 at about 7:00 p.m. they alongwith their co-accused while armed with different weapons formed an unlawful assembly and in prosecution of their common object attacked the Petitioner and his companions. 3. I have heard the learned counsel for the parties and examined the available record. It is observed that Respondent No. 3 (Muhammad Arif) has not been ascribed any specific role except causing damage to the standing crop of the Petitioner. On the other hand, Respondent No. 2 (Javed Iqbal) is accused of a commanding lalkara and inflicting two hatchet blows to Mazhar Abbas and one to Qaiser…
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