| Citation(s) |
|---|
| 2021 SLG 180 2021 SLD 180 2021 MLD 166 |
Lahore High Court
Criminal Miscellaneous No. 33182-B of 2020, decision Dated: 22nd September, 2020.
MALIK SHAHZAD AHMAD KHAN, JUSTICE
Malik Muhammad Akbar Awan for the Petitioner. Aftab Ahmed Qureshi for the Complainant.
Criminal Miscellaneous No. 33182-B of 2020, decision Dated: 22nd September, 2020.
MALIK SHAHZAD AHMAD KHAN, JUSTICE
Malik Muhammad Akbar Awan for the Petitioner. Aftab Ahmed Qureshi for the Complainant.
MUHAMMAD ASHRAF
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 324,148,149,337-F(i),337-F(ii),337-L
(a) Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss. 324, 148, 149, 337-A(ii), 337-F(i), 337-F(ii) 337-L---Attempt to commit qatl-i-amd, rioting armed with deadly weapon, common object, shajjah-i-mudihah, damiyah, mutalahimah---Bail, grant of---Case of cross-versions---Scope---Allegation against accused was that he and co-accused, while armed with different weapons launched an attack upon the complainant party and caused injuries to prosecution witnesses---Accused was assigned the role of making a fire shot at the chest of eye-witness and inflicting butt blow of rifle on the head of another---Present was a case of cross-versions and the accused was also injured---Accused was medically examined on the day of occurrence and as per medico legal report, there was no possibility of fabrication of his injuries---Accused was medically examined through police---Complainant party had not challenged the medico legal report before any higher forum---Members of both the parties were injured during the occurrence, therefore, irrespective of their injuries, it was not determinable at bail stage, as to who started the occurrence---Petition for grant of bail was allowed, in circumstances.
Hamza Ali Hamza and others v. The State 2010 SCMR 1219 rel.
Syed Darbar Ali Shah and others v. The State 2015 SCMR 879; Abdul Hameed v. Zahid Hussain alias Papu Chaman Patiwala and others 2011 SCMR 606; Khalid Mahmood and another v. Muhammad Kashif Rasool and others 2013 SCMR 1415 and Saqib and others v. The State and others 2020 SCMR 677 ref.
(b) Criminal Procedure Code (V of 1898)---
----S. 497---Bail---Case of cross-versions---Scope---Nature of injuries is not relevant at bail stage, in a case of cross-versions.
----S. 497---Penal Code (XLV of 1860), Ss. 324, 148, 149, 337-A(ii), 337-F(i), 337-F(ii) 337-L---Attempt to commit qatl-i-amd, rioting armed with deadly weapon, common object, shajjah-i-mudihah, damiyah, mutalahimah---Bail, grant of---Case of cross-versions---Scope---Allegation against accused was that he and co-accused, while armed with different weapons launched an attack upon the complainant party and caused injuries to prosecution witnesses---Accused was assigned the role of making a fire shot at the chest of eye-witness and inflicting butt blow of rifle on the head of another---Present was a case of cross-versions and the accused was also injured---Accused was medically examined on the day of occurrence and as per medico legal report, there was no possibility of fabrication of his injuries---Accused was medically examined through police---Complainant party had not challenged the medico legal report before any higher forum---Members of both the parties were injured during the occurrence, therefore, irrespective of their injuries, it was not determinable at bail stage, as to who started the occurrence---Petition for grant of bail was allowed, in circumstances.
Hamza Ali Hamza and others v. The State 2010 SCMR 1219 rel.
Syed Darbar Ali Shah and others v. The State 2015 SCMR 879; Abdul Hameed v. Zahid Hussain alias Papu Chaman Patiwala and others 2011 SCMR 606; Khalid Mahmood and another v. Muhammad Kashif Rasool and others 2013 SCMR 1415 and Saqib and others v. The State and others 2020 SCMR 677 ref.
(b) Criminal Procedure Code (V of 1898)---
----S. 497---Bail---Case of cross-versions---Scope---Nature of injuries is not relevant at bail stage, in a case of cross-versions.
ORDER
MALIK SHAHZAD AHMAD KHAN, JUSTICE:---.---
Through the instant petition, Muhammad Ashraf petitioner seeks post arrest bail in case FIR No.53/2020, dated 20.02.2020, under sections 324/148/149/337-A(ii)/ 337-F(i)/337-F(iii)/337L(2), P.P.C., registered at police station Saddar Bhalwal, District Sargodha.
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