| Citation(s) |
|---|
| 2011 SLG 6696 2011 SLD 6696 2011 PCRLJ 1754 |
Lahore High Court
Criminal Miscellaneous No. 13-B of 2011, decided on 9th February, 2011.
Before Mazhar Iqbal Sidhu, J
M. Shah Muhammad Khokhar for Petitioner. Asghar Ali Gill, D.P.-G. along with Maqsood Ahmad, A.S.-I. for the State. Mirza Muhammad Azam for the Complainant.
Criminal Miscellaneous No. 13-B of 2011, decided on 9th February, 2011.
Before Mazhar Iqbal Sidhu, J
M. Shah Muhammad Khokhar for Petitioner. Asghar Ali Gill, D.P.-G. along with Maqsood Ahmad, A.S.-I. for the State. Mirza Muhammad Azam for the Complainant.
MUHAMMAD AFZAL---Petitioner
VS
THE STATE and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Cafe (XLV of 1888)
Section: 302/324/148/149
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/148/149---Qatl-e-amd, attempt to commit qatl-e-amd, rioting armed with deadly weapons---Bail, grant of---Further inquiry---Although specific gunshot injury hitting on left thigh of the accused, had been attributed to the accused, yet the post-mortem examination report had described the said injury as an incised wound, which was a grave contradiction between the ocular and medical evidence---Such contradiction had, prima facie, made the case of accused that of further inquiry---Bail was allowed to accused in circumstances. ORDER MAZHAR IQBAL SIDHU, JUSTICE:---.--- Muhammad Afzal petitioner seeks post-arrest bail in case registered on the complaint of Muhammad Yar vide F.I.R. No. 225 dated 16-9-2010 under sections 302/324/148/149, P.P.C. at Police Station Takht Mahal, District Bahawal Nagar. 2. Succinctly, the allegations mentioned in the F.I.R. are that on the day of occurrence, i.e. 16-9-2010 at about 11-30 a.m. when complainant along with his brother Allah Yar deceased were proceeding towards the field from where they had to cut fodder and when reached near the Bajra crop, where Muhammad Zafar, Muhammad Azhar and Khan Muhammad, etc. were quarrelling. After hearing the noise, complainant along with his brother Allah Yar deceased reached near them, whereupon, Falak Sher, Muhammad Riaz and Muhammad Safdar co-accused raised a Lalkara that Allah Yar deceased be fired at. In the meanwhile, co-accused Khan Muhammad while armed with .12 bore gun, Irshad armed with .12 bore gun, Muhammad Afzal (petitioner) armed with .12 bore gun, Muhammad Mansha armed with pump action and Ahmad Ali armed with .12 bore pistol came at the spot. It has further been alleged that Khan Muhammad co-accused made a gunshot hitting on the neck of Allah Yar deceased and then Muhammad Irshad made a fire shot with his gun hitting on the right arm of the deceased. Thereafter, Muhammad Afzal (petitioner) caused fire shot with his gun which hit on the right thigh of the deceased, whereupon Allah Yar fell to the ground after sustaining injuries. It has also been alleged that Muhammad Mansha and Ahmad Ali…
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