| Citation(s) |
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| 2026 SLG 1496 2026 SLD 1496 = 2026 PLJ 26 |
Lahore High Court
Crl. Misc. No. 55848-B of 2025, decided on 15.10.2025.
Presented By: Muhammad Amjad Rafiq, J.
Mr. Asim Mahmood Malik, Advocate for Petitioner. Mr. Waqas Anwar, Deputy Prosecutor General for State. Mr. Asad Mehmood Awan, Advocate for Complainant. Date of hearing: 15.10.2025.
Crl. Misc. No. 55848-B of 2025, decided on 15.10.2025.
Presented By: Muhammad Amjad Rafiq, J.
Mr. Asim Mahmood Malik, Advocate for Petitioner. Mr. Waqas Anwar, Deputy Prosecutor General for State. Mr. Asad Mehmood Awan, Advocate for Complainant. Date of hearing: 15.10.2025.
MUHAMMAD SHOAIB AFTAB--Petitioner
VERSUS
STATE, etc.--Respondents
Law: Criminal Procedure Code, 1898
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 324, 337-D
PLJ 2026 Cr.C. (Note) 26 [Lahore High Court, Lahore] Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 324, 337-D--Bail after arrest, grant of--Further inquiry--Attempt to murder--Allegation of--Injury attributed to, petitioner is attracting an offence under Section 337-D, PPC carrying optional sentence of 10 years’ imprisonment and primary sentence whereof, is ‘Arsh’ which shall be one-third of diyat--Petitioner is behind bars since 26.10.2024, investigation of case is complete and his person is no more required for purpose of further investigation--Apparently, case of petitioner becomes one for further inquiry. [Para 5 & 6] A & B PLD 2009 Lahore 312; 2019 SCMR 516 & 2024 SCMR 476. Burden of Proof-- ----The burden of proof i.e. ‘proof beyond reasonable doubt’ also applies at all stages including pre-trial stage, and even at time of deciding whether accused is entitled to bail or not--Prosecution so far has not discharged such burden successfully--For further inquiry, Court can pick any of situations which raises suspicion that accused is not involved in commission of offence. [Para 6] C 2025 SCMR 318 & 2024 SCMR 1210. Order Through this petition, petitioner seeks post arrest bail in case FIR bearing No. 200 dated 19.10.2024 registered under Sections 324/337-D, PPC at Police Station…