| Citation(s) |
|---|
| 1975 SLG 3100 = 1975 SLD 3100 = 1975 PCRLJ 1036 |
Lahore High Court
Criminal Miscellaneous No. 1696/11 of 1975, decided on 15th May 1975.
Presented By: Javid Iqbal, J
Mian Muzaffar Ahmad for Petitioners. Sardar Khalid for the State. Bashir Zaffar for the Complainant. Ghaffar Beg; S. I. along with the file.
Criminal Miscellaneous No. 1696/11 of 1975, decided on 15th May 1975.
Presented By: Javid Iqbal, J
Mian Muzaffar Ahmad for Petitioners. Sardar Khalid for the State. Bashir Zaffar for the Complainant. Ghaffar Beg; S. I. along with the file.
Malik MUHAMMAD ASLAM AND 3 OTHERS-Petitioners
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497, 498
Law: Penal Code (XLV of 1860)
Section: 302
(a) Criminal Procedure Code (V of 1898) S.497/498-Bail-Contention that allegation of accused Sub -Inspector having come in uniform with intent to commit murder being highly improbable and medical report stating injury to be caused by blunt weapon and not by firearm, case made out for bail-Contention, held, could constitute case for defence at trial stage but not possible for High Court to scan, scrutinize and assess quality of medical evidence-Bail refused-Pen4l Code (XLV of 1860), S. 302. (b) Criminal Procedure Code (V of 1898) S. 497/498-Bail-General allegation against accused of also having fired through his revolver but no one hit and firing ineffec tive-Accused however found to have stab wound on his leg and such injury not explained-Case for bail, held, made out-Penal Code (XLV of 1860), S. 302. JUDGMENT I have already dealt with the petition on merits of the present petitioners excluding Muhammad Aslam and Mazhar Qayyum vide my order dated the 4th of March 1975, in Criminal Miscellaneous No. 27/B of 1975. A case is registered against the petitioners along with others under section 302/307/148/149/324, P. P. C. on the 5th of February 1974, at Police Station Kamoki. According to the allegations in the F. I. R. Muhammad Aslam, Sajjad Hussain and Muhammad Iqbal petitioners were armed with revolvers whereas Mazhar Qayyum petitioner was empty- handed. It is stated that they attacked the complainant party along with their companions. About Muhammad Iqbal petitioner there is only a general allegation that he fired from his revolver but no one was injured thereby. It may be pointed out that Muhammad Iqbal petitioner was himself injured in the course of occurrence probably at the bands of the complainant side. But there is no mention as to how…