Case Details

Citation(s)
2012 SLG 1454 2012 SLD 1454 2012 SCMR 556
Supreme Court of Pakistan
Criminal Petition No. 583-L of 2008, decision dated: 24-12-2008 (On appeal from order dated 12-11-2008 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous No.10264-B of 2008)
TASSADUQ HUSSAIN, JILLANI AND MIAN HAMID FAROOQ, JJ

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MUMTAZ

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd and common intention---Bail, grant of---Medical and ocular account---Conflict---Plea raised by accused was that there was conflict in medical and ocular account---Validity---Accused was prima facie connected with the offence alleged in F.I.R.---Conflict between medical and ocular account could not be appreciated without a deeper appraisal of evidence and the same was not warranted at bail stage---Bail was refused. Malik Rab Nawaz, Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record for Petitioner Zafarullah, S.-I., Police Station Chenab Nagar, Jhang for the State. Date of hearing: 24th December, 2008. ORDER TASSADUQ HUSSAIN JILLANI, J.---Seeks bail in a case registered vide F.I.R. No.20 dated 25-1-2008 under section 302/34, P.P.C. at Police Station Chenab Nagar, Tehsil Chiniot, District Jhang, wherein the allegation against the petitioner is that on the fateful day and time he armed with a rifle and his co-accused armed with a double barreled gun attacked Muhammad Mumtaz. The role attributed to the petitioner is that he fired at Muhammad Mumtaz which hit on his right flank and the same proved fatal. 2. Learned counsel for the petitioner seeks bail on the…
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