Case Details

Citation(s)
1973 SLG 3065 = 1973 SLD 3065 = 1973 PCRLJ 391
Lahore High Court
Criminal Miscellaneous No. 2902/B of 1971, decided on 20th December 1971.
Presented By: Ataullah Sajjad, J
Saeedur Rehman Khan with Mian Muhammad Akhtar for Petitioners. Rashid Aziz for the State.

Hafiz NIAZ MUHAMMAD AND ANOTHER----Petitioners

VERSUS

THE STATE----Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898), S 498-Bail-Murder case-One of accused a blind man and only lalkara attributed to him and other accused a young boy few months above sixteen years-Coun ter-case S. 325 also registered against complainant party for causing injuries to accused-Case having two versions, question whether accused committed offence punishable with death or trans portation for life yet to be established-Bail granted in circum stances-Penal Code (XLV of 1860), S. 302.                                                                                                                              ORDER It appears from the perusal of the First Information Report that both the parties exchanged blows and it was during this exchange of blows that Anwar went into the house, brought out the gun and shot at Akhtar Ali. It is submitted that Hafiz Niaz Muhammad is a blind man and only a lalkara is attributed to him. It is further urged that Nisar Ahmad is a young boy although the learned counsel concedes that at the time of the commission of the offence he was a few months above sixteen years and the provision of proviso to section 497, Criminal Procedure Code will not be strictly available to him. It is further submitted that two women on the side of the accused were injured and there is no explanation for these injuries in the First Information Report. The learned counsel submits…
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