| Citation(s) |
|---|
| 2021 SLG 1928 2021 SLD 1928 2021 PLJ 971 |
Lahore High Court
Crl. Misc. No. 51295-CB of 2020, decided on 22.3.2021, Date of hearing: 22.3.2021.
TARIQ SALEEM SHEIKH, JUSTICE.
Mr. Ahmad Jawad Farooq Rana and Muhammad Imran Inayat Chohan, Advocates for Petitioner. Mr. Haroon Rasheed, Deputy District Public Prosecutor for State. Mr. Munir Ahmad Bhatti, Advocate, for
Respondents No. 2 to 15.
Crl. Misc. No. 51295-CB of 2020, decided on 22.3.2021, Date of hearing: 22.3.2021.
TARIQ SALEEM SHEIKH, JUSTICE.
Mr. Ahmad Jawad Farooq Rana and Muhammad Imran Inayat Chohan, Advocates for Petitioner. Mr. Haroon Rasheed, Deputy District Public Prosecutor for State. Mr. Munir Ahmad Bhatti, Advocate, for
Respondents No. 2 to 15.
UMAR FAROOQ
VS
STATE AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Pakistan Penal Code, 1860
Section: 337-A(ii),337-F(i),337-L(2),440,447,511, 148,149
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Cancellation of pre-arrest bail--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(ii), 337-F(i), 337-L(2), 440, 447, 511, 148 149--Cross-version was doubtful--Further inquiry--Allegation of attempted to dispossess petitioner from his cattle shed and doing, so injured him claimed that he received three injuries in incident--Medical Board has opined that there is a possibility of fabrication of Injury No. 1 which was Shajjah-i-Mudihah--On other hand, of Injuries No. 2 3 were Jurh Ghavr Jaifah Damiyah falling within ambit of Section 337-F(i), PPC--Said offence is bailable--Application was dismissed. PLJ 2018 SC 445. ORDER Through this application under Section 497(5), Cr.P.C. the Petitioner seeks cancellation of the pre-arrest bail granted to Respondents No. 2 to 15 by the learned Additional Sessions Judge, Nowshera Virkan, District Gujranwala, in cross-version registered at Police Station Tatlay Aali, District Gujranwala, for offences under Sections 337-A(ii)/337-F(i)/337-L(2)/440/447/511/148/149, PPC in case FIR No. 312/2020 dated 18-04-2020. 2. Briefly, the allegation case against Respondents No. 2 to 15 is that on 18-04-2020 at about 08:30 a.m. they attempted to dispossess the Petitioner from his cattle-Shed and while doing so injured him, Muhammad Asif and Shahid Ali. 3. Arguments heard. Record perused. 4. Petitioner Umar Farooq claimed that he received three injuries in the incident. The Medical Board has opined that there is a possibility of fabrication of Injury No. 1 which was Shajjah-i-Mudihah. On the other hand, Injuries No. 2 3 were Jurh Ghayr Jaifah Damiyah falling within the ambit of Section 337-F(i), PPC. The said offence is bailable. 5. Asif is alleged to have received four injuries. Injury No. 2 was found suspect. Injuries No. 3 4 were declared Jurh Ghayr Jaifah Damiyah which attract Section 337-F(i) PPC and the offence is bailable. On the other hand, Injury No. 1 is not attributed to…
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