Case Details

Citation(s)
2010 SLG 2766 = 2010 SLD 2766 = 2010 MLD 977
Lahore High Court
Criminal Miscellaneous No. 15057-B of 2009, decided on 27th January, 2010.
Presented By: Manzoor Ahmad Malik, J

NOOR MUHAMMAD---Petitioner

VERSUS

THE STATE and another---Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324/337-L(ii)/148/149 & 109---Attempt to commit qatl-a-amd---Bail, refusal of---Specific allegation of causing injuries and outraging the modesty of a woman were levelled against accused duly supported by the medical evidence---Contentions raised by the counsel for accused required deeper appreciation of evidence which was not permissible at bail stage---Prima facie, sufficient implicating evidence was available against accused---Offence fell within the ambit of prohibitory clause of S.497, Cr. P. C. ---No ground for grant of bail having been made out, bail application was dismissed, in circumstances. Sher Afgan Asadi for Petitioner. Zahid Aslam Malik for the Complainant. M.M. Alam Chaudhary, Addl. Prosecutor-General for the State. ORDER MANZOOR AHMAD MALIK, J.---Petitioner seeks post-arrest bail in case F.I.R. No. 300, dated 16-4-2009 registered under sections 324/337-L(ii)/148/149/109, P.P.C. at Police Station Bhawana, District Jhang. The allegation against the petitioner is that he, on the instigation of his co-accused, while armed with fire-arm weapon made murderous assault upon Samar Abbas and Mst. Tasleem Bibi, injured P.Ws. and caused them injuries. 2. Learned counsel for the petitioner in support of this petition contends that this occurrence, as per F.I.R. took place on 11-4-2009 whereas, the case was registered on 16-4-2009; that in the MLR the name of the father of Mst. Tasleem Bibi is Wali Muhammad and as per that document she was examined through police and the offences to the extent of Mst. Tasleem Bibi are bailable, that the nature of the injuries received by injured namely Samar Abbas has so far not been determined; that there is contradiction in the F.I.R. and MLR because as per F.I.R. he received fire-arm injury on right thigh whereas, as per MLR, the injury is on the left thigh and he was, too, taken to the hospital by the police whereas, as per F.I.R., they were taken to the…
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