Case Details

Citation(s)
2021 SLG 2891 2021 SLD 2891 2021 PLJ 144
Lahore High Court
Crl. Misc. No. 33535-B of 2019, decided on 8.7.2019, Date of hearing: 8.7.2019.
MUHAMMAD WAHEED KHAN, JUSTICE
Mr. Mushtaq Ahmed Dhoon and Mukhtiar Ahmed Telokar, Advocates for Petitioner. Mr. Najam-ul-Hassan, Advocate for Complainant. Ms. Umm-ul-Baneen, Deputy District Public Prosecutor for State.

NASIR MEHMOOD @ NASIRA

VS

STATE ETC

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,34,337-F(iii),337-F(v),458

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324, 34, 337-F(iii), 337-F(v) 458--Post arrest bail, grant of--Allegation of--Straight firing upon the injured--Specifically nominated in FIR with a role of firing on person of injured--Main role attributed to his co-accused--Petitioner was attributed firing on his person but it has not been specifically mentioned whether the fires made by the petitioner hit the injured or not--Petitioner was behind the bars for about more than 14 months and despite the facts that charge had been framed way back but not a single witness has been recorded so far as PWs are not appearing before the trial Court despite issuance of repeated summons and warrants--Petition was allowed.  [P. 145] A B Order Having failed to get post arrest bail in case FIR No. 155 dated 11.04.2018, registered under Sections 324, 34, 337-F(iii), 337-F(v) and 458, PPC at Police Station, Kundian, District Mianwali from the Court of learned Additional Sessions Judge, Piplan vide order dated 08.04.2019 the petitioner has prayed the same relief through the instant petition. 2. Precisely, allegation against the accused/petitioner Nasir Mehmood @ Nasira son of Rabnawaz is that he along with other accused persons while armed with their respective weapons fired a straight fire upon the injure,d, hence the instant case. 3. Pro and contra arguments heard. Record perused. Description: ADescription: B4. On hearing the learned counsel for the parties and having gone through the record, it evinces that although the petitioner is nominated in the FIR with a role of firing on person of injured namely, Sher Akmal but the main role is attributed to his co-accused Inam Ullah who made a straight fire upon person of Sher Akmal resultantly he sustained injury whereas present petitioner was also attributed firing on his person but…
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