Case Details

Citation(s)
2010 SLG 2563 = 2010 SLD 2563 = 2010 YLR 1695
Lahore High Court
Criminal Miscellaneous No.10788-B of 2008, decided on 16th January, 2009.
Presented By: Syed Shabbar Raza Rizvi, J

MUHAMMAD TUFAIL---Petitioner

VERSUS

THE STATE---Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 386, 148 & 149---Qatl-e-amd and extortion---Bail, grant of---Further inquiry---Trial of case had not commenced as one of accused was at large and other two had just been arrested---Speedy trial was a right of accused, which had been denied in the present case---Accused was arrested more than two years before---Unreasonable protraction of trial, itself would furnish a ground if same was not caused by accused or any person acting on his behalf---Specific role of firing had also been attributed to co-accused---During the course of investigation, no weapon of offence was recovered from accused, though he remained on legal remand---Sufficient grounds being available for further inquiry into guilt of accused, he was admitted to bail, in circumstances. Shahzad Saleem and Aftab Ahmed Bajwa for Petitioner. Asif Mehmood Cheema, Deputy Prosecutor-General with Fraz, S.-I. for the State. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel has filed this second bail application in F.I.R. No.794/2006, dated 30-11-2006. The F.I.R. was registered at Police Station Manga Mandi, Lahore under sections 302, 148, 149 and 386, P.P.C. 2. According to the F.I.R. five accused persons including present petitioner intercepted the complainant and his companions while they were going to the Dera of one Haji Rehmat Ali. All the accused resorted to firing with their respective weapons of offence. The firing caused by all the accused hit different parts of complainant's son Shaukat Ali who became seriously injured. Said Shaukat Ali was rushed to the General Hospital where he expired. 3. The earlier Bail Application, Criminal Miscellaneous No.492-B/2008 was dismissed on 26-2-2008 that the petitioner was member of the unlawful assembly which caused death and injuries to the deceased. It was noted that it was not possible to determine…
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