Case Details

Citation(s)
2010 SLG 2818 = 2010 SLD 2818 = 2010 MLD 1057
Lahore High Court
Criminal Miscellaneous No. 2825-B of 2009, decided on 5th October, 2009.
Presented By: Hafiz Abdur Rehman Ansari, J

ZAFAR---Petitioner

VERSUS

THE STATE and another---Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/322/34---Qatl-e-amd---Bail, refusal of---Deeper appreciation of evidence was not permissible at bail stage---Whether the fire which killed the deceased was accidentally fired or intentionally fired would be determined at the trial after recording evidence---Challan has been submitted in the court under Ss. 302, 322 and 34, P.P.C.---Accused was specifically nominated in the F.I.R. with the admission of having killed the deceased and saying to the family members of the deceased to do whatever they could do---Sufficient material was available on record to connect the accused with the commission of the offence---Findings of police were not binding on the court always and in each case---Bail was declined to accused in circumstances. 2009 PCr.LJ 187; 2008 MLD 531; PLD 1978 SC 256; 2008 YLR 72; 2004 MLD 335 and 1996 SCMR 1685 ref. Muhammad Irfan Wyne for Petitioner. Shahid Iqbal, Deputy District Public Prosecutor for the State with Abdul Rehman, S.I. along with record. Ch. Faqir Muhammad for the Complainant. ORDER HAFIZ ABDUR REHMAN ANSARI, J.---Petitioner Zafar son of Ulfat Ali seeks post-arrest bail is case F.I.R. No. 224 of 2009, dated 12-3-2009, got registered under sections 302/322/34, P.P.C., at Police Station New Multan. Post-arrest bail has been declined to the petitioner by the learned Additional Sessions Judge, Multan, vide order, dated 27-6-2009, hence this petition. 2. The occurrence, as narrated in the F.I.R., is that on 12-3-2009 at about 6/7 P.M., one Zafar (the petitioner) came to the house of complainant Muhammad Ismail, a destitute person, when the inmates of the house were taking dinner. Allegedly, the petitioner asked whether Sardar, complainant's brother, was at home; the complainant told Sardar that Zafar was asking about him; Zafar and complainant's brother started talking and gossiping in the home; after a short-while, Zafar told the complainant that they were going to do some job; afterwards, when at about 9-30 p.m., Zafar came back to complainant's house and told that complainant's brother Sardar was arrested by the police of New Multan Police…
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