| Citation(s) |
|---|
| 2012 SLG 2706 2012 SLD 2706 2012 YLR 2890 |
Lahore High Court
Criminal Miscellaneous No. 7541-B of 2012, decided on 8th August, 2012
MAZHAR IQBAL SIDHU, J
Naveed Ahmad Khawaja for Petitioner. Shahid Bashir, D.P.G. for the State with Ashraf A.S.-I. Azam Nazir Tarar for the Complainant
Criminal Miscellaneous No. 7541-B of 2012, decided on 8th August, 2012
MAZHAR IQBAL SIDHU, J
Naveed Ahmad Khawaja for Petitioner. Shahid Bashir, D.P.G. for the State with Ashraf A.S.-I. Azam Nazir Tarar for the Complainant
MUHAMMAD RAFIQUE
VS
THE STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/201/148/149---Qatl-e-amd, causing disappearance of evidence of offence, rioting armed with deadly weapons, unlawful assembly---Bail,, grant of---Further inquiry---Accused along with, the co-accused was alleged to have murdered his brother (deceased) in order to usurp his property---Accused contended that he was real brother of the deceased; that as per prosecution's own case, he was unarmed at the place of occurrence and no overt act had been attributed to him; that he had been falsely implicated since he was the father of the principal co-accused; that during investigation, his prosecution had been recommended under S. 201, P.P.C., which was bailable, and that there was a delay of three days in lodging of F. I. R.- Validity-According to the accusations in the F.I.R., accused had not caused any injury to the deceased---Destruction, concealment of evidence, in the present case, fell within the mischief of S. 201, P. P. C, which was bailable---Accused was father of the main co-accused and on account of such propinquity, false implication of accused could not be ruled out---Involvement of accused needed further inquiry---Accused was grouted bail, in circumstances. ORDER MAZHAR IQBAL SIDHU, J.--Petitioner Muhammad Rafique has sought for post-arrest bail in a case registered on the written complaint of Mst. Naseem Athar vide F.I.R. No. 43 dated 24-2-2012 under sections 302/201/148/149, P.P.C. at Police Station Mureed Wala, District Faisalabad. 2. Woeful tail of assassination of Muhammad Hanif as mentioned in the F.I.R. by accusatory is that the deceased had settled at Scotland along with his family and had sufficient property in his native village. i.e Chak No. 482-GB Jagdonwala being managed by his brother. He had come to his village and lived in the house of petitioner's co-accused Munawar Hussain and others who were stated to be relatives of the deceased whereas petitioner Muhammad Rafique was real brother of the deceased. In between the night of 21/22-2-2012 at about 12-30 a.m., Muhammad Hanif deceased was lying in a room of the house of Munawar Hussain, when accused Munawar…
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