| Citation(s) |
|---|
| 2010 SLG 1247 2010 SLD 1247 2010 YLR 253 |
Lahore High Court
Criminal Miscellaneous No. 1093-B of 2009, decided on 04-04-2009.
SYED ZULFIQAR ALI BOKHARI, JUSTICE
Shahbaz A. Rizvi for Petitioner. Mahr Habib Ullah Girwa for the Complainant. Syed Mukhtar Masood Bokhari, DDPP for the State.
Criminal Miscellaneous No. 1093-B of 2009, decided on 04-04-2009.
SYED ZULFIQAR ALI BOKHARI, JUSTICE
Shahbaz A. Rizvi for Petitioner. Mahr Habib Ullah Girwa for the Complainant. Syed Mukhtar Masood Bokhari, DDPP for the State.
GHULAM MUSTAFA
VS
THE STATE AND ANOTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 148,149,302,324,337-A(ii)(iii),337-F(iii ),(v)
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/324/148/149/337-A(ii) (iii) & 337-F(iii), (v)---Qatl-i-amd and attempt to qatl-i-amd---Bail, grant of---Further inquiry---Accused though was nominated in the F.I.R., but no specific role had been assigned to him---Eight persons sustained injuries during the occurrence, who were medically examined immediately, but those injuries were suppressed by the prosecution in the F.I.R.---Cross-version was put up by one of accused persons who was discharged by the Police---Question of vicarious or constructive liability would be determined during the course of trial, because that was a case of two stories as private complaint filed by accused party was also pending in the Trial Court---Case of accused having become that of further inquiry falling under S.497(2), Cr. P. C., he was admitted to bail, in circumstances. THIS ORDER PASSED BY: SYED ZULFIQAR ALI BOKHARI, JUSTICE:---.--- The petitioner seeks posts arrest bail in case F.I.R. No. 337 dated 5-10-2008 registered under sections 302/324/148/149/337-A(ii)/337-A(iii)/337-F(iii) 337-F(v) P.P.C. at Police Station Karor District Layyah. 2. The prosecution case is that on 5-10-2008 at about 1-00 p.m. when the complainant along with others was present in Chak No.98/TDA the petitioner armed with iron rod along with 12 others came there and assaulted on the complainant party. Qisar fired with his rifle which hit Khalil Ahmad son of the complainant. The fire of Abdul Wahid hit the other son of the complainant namely Jamil Ahmad. Fire of Haji Munir Ahmad hit on the right hand of Abdul Rauf. Muhammad Ashraf fired which hit to Inayat Ali and thereafter all the accused persons attacked with Sotas, hatchets and iron rods and injured the complainant party. 3. It is contended by the learned counsel for the petitioner that a general role of beating is attributed to the petitioner and no specific role was assigned to him by the complainant in the F.I.R. It is further contended that eight persons of the accused party received injuries during that occurrence which were concealed by the prosecution. The medico legal reports of those injured persons…
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