| Citation(s) |
|---|
| 2012 SLG 270 2012 SLD 270 2012 PCRLJ 1517 |
Lahore High Court
Criminal Miscellaneous No. 9340-B of 2012, decided on 16th July, 2012
MUHAMMAD KHALID MEHMOOD KHAN, J
Rana Muhammad Arshad for Petitioner. Humayoon Aslam, D.P.G. along with Iqbal, S.I. for the State. Muhammad Javed Iqbal Jafery and Ahmad Aslam Ch. for the Complainant.
Criminal Miscellaneous No. 9340-B of 2012, decided on 16th July, 2012
MUHAMMAD KHALID MEHMOOD KHAN, J
Rana Muhammad Arshad for Petitioner. Humayoon Aslam, D.P.G. along with Iqbal, S.I. for the State. Muhammad Javed Iqbal Jafery and Ahmad Aslam Ch. for the Complainant.
MUHAMMAD SHAFIQUE
VS
THE STATE and another
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Pakistan Penal Code, 1860
Section: 337A(i),337-F(v),337-L(2),148,149
Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss. 337-A(i)/337-F(v)/ 337-L(2)/148/149---Shajjah-i-Khafifah, ghayr-jaifah-hashimah, other hurt, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, recalling of---Assault in court premises with iron rod---Accused nominated in the F.I.R. with a specific role---Injury (fracture) described in F.I.R. not matching the injury (fracture) shown in Medico Legal Report but fact of injuries received with iron rod admitted---Iron rod yet to be recovered---Accused filing subsequent bail application before the court below without disclosing dismissal of the first application on merits---Effect---Bail application of the accused was dismissed and ad interim pre-arrest bail already granted to him was withdrawn. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.---The petitioner Muhammad Shafique son of Muhammad Rafique, seeks pre-arrest bail in case F.I.R. No.463 of 2012 dated 12-5-2012 registered under sections 337-A(i), F(v), L(2), 148, 149, P.P.C. at Police Station Ferozwala District Sheikhupura. 2. As per story of F.I.R., the allegation against the petitioner is that he while armed with iron rod along with his co-accused persons assaulted upon the complainant and caused him injuries. 3. Learned counsel for petitioner submits that petitioner is innocent and has wrongly been involved in this case. The contents of F.I.R. are mala fide. It is admitted fact between the parties that parties are litigating with each other and case F.I.R. No.127 of 2007 under sections 420, 468, 471, P.P.C. is registered against the complainant. The story mentioned in the F.I.R. is highly doubtful. MLC shows the injury attributed to petitioner falls under sections 337-A(i), 337-L(2), P.P.C. which are bailable. The petitioner is a government employee and there is no apprehension of his abscondance. 4. Learned D.P.-G.…
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