Case Details

Citation(s)
2010 SLG 2550 = 2010 SLD 2550 = 2010 YLR 1638
Lahore High Court
Crl. Miscellaneous No.3675-B of 2010, decided on 23rd April 2010.
Presented By: Waqar Hassan Mir, J

AMJAD ALI---Petitioner

VERSUS

THE STATE and another---Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.324/34 337-F (iii)---Attempt to commit qatl-e-amd---Post arrest bail, grant of---Accused for his cross-version had filed private complaint, wherein complainant party had been summoned---Accused had not repeated fire---Injury attributed to accused vide Medico-legal Report fell under S.337-F(iii), Penal Code, 1860 and sentence provided therefore being three years---Accused was behind bars for last ten months---Accused was granted bail in circumstances. Ch. Ishtiaq Ahmad Khan for Petitioner. Ch. Muhammad Aslam Sindhu, Addl. Prosecutor-General. Sardar Muhammad Ayub Khan Lodhi for the Complainant. Safdar Ali, S.-I. ORDER WAQAR HASSAN MIR, J.---The petitioner seeks post arrest bail in case F.I.R. No.229/2009 dated 8-5-2009 offence under section 324/34 registered with Police Station Sharqpur Sharif District Sheikhupura. 2. The version of the complainant as per F.I.R. is that today i.e. on 8-5-2009 they arranged a public symposium of local MNA and many people including the complainant and his uncle were present there when soon after the departure of the MNA at about 7-00 p.m. two persons namely Muhammad Arshad and Muhammad Amjad sons of Ashraf while armed with pistols all of a sudden came there and after raising Lalkara started firing whereby the fire shot made by Amjad Ali was hit to uncle of the complainant at thigh part of his left leg due to which he fell down and when the complainant came forward, the accused Muhammad Arshad gave a butt blow with his pistol, which hit the complainant on his head; hence this F.I.R. 3. The learned counsel for the petitioner submits that actually the complainant party is aggressor in this case as the complainant party on account of certain dispute regarding a house came at the premises and made assault, upon which, an application was moved to the local police, but the police did not pay any heed to the request of the petitioner, so he moved a petition under sections 22-A, 22-B, Cr.P.C. for registration of criminal case and despite direction of the learned Justice of Peace, the case was not registered; that cross version of the petitioner was already…
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