Case Details

Citation(s)
2010 SLG 2899 = 2010 SLD 2899 = 2010 MLD 399
Lahore High Court
Criminal Miscellaneous No. 3882-B of 2009, decided on 11th November, 2009.
Hafiz Abdul Rehman Ansari, J

ZAKIR HUSSAIN---Petitioner

VERSUS

THE STATE---Respondent

Law:

Section:

HAFIZ ABDUL REHMAN ANSARI, J.---Zakir Hussain son of Abdullah, petitioner, through this third bail petition under section 497, Cr.P.C., seeks post arrest bail in case F.I.R. No. 164 of 2005, dated 20-4-2005, got registered by Qasim Ali with Police Station Yousafwala, District Sahiwal, for offences under sections 302/324/452/440/148/149/109, P.P.C. Petitioner has been declined bail by the learned Additional Sessions Judge, Sahiwal, vide order, dated 12-6-2009, hence this petition. Earlier bail petition bearing Criminal Miscellaneous No.1272/B of 2006 of the petitioner was dismissed for non-prosecution on 6-2-2006. Second bail petition of the petitioner bearing Criminal Miscellaneous No.726-B of 2008 was dismissed on merits by this Court on 6-5-2008.   Allegation against the petitioner, according to the F.I.R., was that the while armed with Rifle, along with nine others co-accused attacked the complainant party. The petitioner fired his rifle hitting Mst. Manzooran Bibi, niece of the complainant, in her abdomen. Similarly, other co-accused also fired at her and she succumbed to the injuries. Motive for the occurrence was stated to be long standing civil litigation between the parties over possession of some land.   Learned counsel for the petitioner submits that petitioner's first bail petition bearing Criminal Miscellaneous No.1272-B of 2006 was dismissed by this Court for non-prosecution on 6-2-2008. Petitioner's second bail petition bearing Criminal Miscellaneous No.726-B of 2008 was dismissed on merit by this Court vide order, dated 6-5-2008; that Writ Petition No.1825 of 2006 was filed for change of investigation and vide order, dated 27-2-2007 this Court transferred the investigation from Sahiwal to Regional Investigation Branch, Multan. Submits that in the investigation conducted by the Regional Investigation Branch the complainant was found guilty and nominated accused were declared innocent; that the complainant of the F.I.R. did not assail the finding of the investigation but filed a private complaint; that six persons on the complainant side were challaned on 94-2008; that in the investigation main role was attributed to Sakhi…
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