| Citation(s) |
|---|
| 2007 SLG 3122 2007 SLD 3122 2007 PLJ 562 |
Lahore High Court
Crl. Misc. No. 937-CB of 2006, decided on 30.11.2006.
M. BILAL KHAN, J.
Mr. Shahid Hameed Dar, Advocate with Petitioner. Mr. Muhammad Farooq Bedar, Advocate for
Respondent No. 1. Mr. Amjad Iqbal Sindhu, Advocate for State.
Crl. Misc. No. 937-CB of 2006, decided on 30.11.2006.
M. BILAL KHAN, J.
Mr. Shahid Hameed Dar, Advocate with Petitioner. Mr. Muhammad Farooq Bedar, Advocate for
Respondent No. 1. Mr. Amjad Iqbal Sindhu, Advocate for State.
MUHAMMAD SARWAR
VS
MUHAMMAD RIAZ and another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 324, 148, 149 & 109--Cancellation of bail--Accused had been duly nominated in F.I.R. with specific role of causing fire-arm injury to brother of complainant on his chest--A.S.J. had allowed post-arrest bail to accused in an offence attracting prohibitory clause of S. 497(1) Cr.P.C. and that too after two and a half months of his arrest only on ground that during course of investigation--Investigating Officer had opined that accused had used his gun in retaliation, when complainant party had made firing on accused side and that it was yet to be determined as to who was aggressor--Petitioner had not repeated fire shot and, therefore, there was doubt about his intention to kill, was absurd and hilarious to say least, inasmuch as petitioner had allegedly fired straight at his victim with his rifle and fire shot had landed on left side of chest--Discretion exercised by learned Additional Sessions Judge in allowing bail to respondent can safely be termed as imprudent, indiscreet and irresponsible--Post-arrest bail granted to accused was cancelled. [Pp. 564 & 565] A & B Order Muhammad Sarwar son of Muhammad Ashraf, who is complainant in case FIR No. 56, dated 6.7.2005, registered with Police Station Rayya Khass, District Narowal, for offences under Section 324, 148, 149 read with Section 109 P.P.C., by filing this petition under Section 497(5) Cr.P.C. seeks cancellation of post-arrest bail allowed to Muhammad Riaz son of Maqbool Ahmad (Respondent No. 1) by the learned Additional Sessions Judge Narowal vide order dated 29.9.2005. 2. Precisely the allegation against Muhammad Riaz (Respondent No. 1), according to the FIR, was that he while armed with a rifle 8 mm alongwith his co-accused Fayyaz, armed with a rifle .8 mm, Ghulam Mustafa, Yasar, armed with rifles .244 bore and two unknown persons, armed with Kalashnikovs, initially raised lalkara to the effect that they would teach a lesson to the complainant party for not vacating the land and then he (Respondent No. 1) fired a straight shot with his rifle hitting Muhammad Irshad, brother of the complainant, onβ¦
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