| Citation(s) |
|---|
| 2010 SLG 2769 = 2010 SLD 2769 = 2010 MLD 984 |
Lahore High Court
Criminal Miscellaneous No. 2624-B of 2009, decided on 10th July, 2009.
Presented By: Jamshed Rahmat Ullah, J
Criminal Miscellaneous No. 2624-B of 2009, decided on 10th July, 2009.
Presented By: Jamshed Rahmat Ullah, J
MUHAMMAD SAJID---Petitioner
VERSUS
THE STATE and another---Respondents
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, grant of---Accused was empty-handed at the relevant time and only allegation of "Japha" had been attributed to accused---According to the Police investigation, accused was though present at the place of occurrence, but he had not committed any offence---Main accused had already been granted bail and role of accused was lesser than the role attributed to said co- accused---Accused had not caused any injury to the deceased and was behind the bars for the last about 6 months and he was no more required to the Police for the purpose of further investigation---Challan had been submitted in the Trial Court, but no progress had been made---Accused was admitted to bail, in circumstances. Amjad Hussain and another v. The State 2007 PCr.LJ 1137 and Rasheed Ahmed v. The State NLR 2000 Crl. 514 ref. Rana Asif Saeed for Petition r. Ch. Sarfaraz Ahmad Zia, Deputy Prosecutor-General for State. Irfan Ahmad Shami and Ch. Asif Karim for the Complainant. ORDER JAMSHED RAHMAT ULLAH, J.---Through this petition the petitioner seeks post arrest bail in case F.I.R. No. 12 of 2009, dated 1 -1-2009, registered under sections 302, 324, 34, P.P.C., at the Police Station Tulamba District Khanewal, with the allegation that the petitioner made a "Japha" to injured Muhammad Hussainan, brother of the complainant, when he was coming in a street towards his house and co-accused of the petitioner has inflicted injury on the person of the deceased. 2. The leaned counsel for the petitioner contends that the petitioner has falsely been involved in this case with mala fide intention and ulterior motives. Further contends that Muhammad Waqas the main accused of the case has already been granted bail by this Court vide order, dated 21-5-2009 passed in Criminal Miscellaneous No. 1469-B of 2009 and the role of the present petitioner is lesser than the role attributed to the co-accused. Further contents that the only allegation to "japha" has been attributed to the petitioner. Further contends that according to the police…