Case Details

Citation(s)
2010 SLG 2812 2010 SLD 2812 2010 PCRLJ 456
Lahore High Court
Criminal Miscellaneous No. 432/B of 2008, decision Date : 23rd June, 2008.
MAZHAR HUSSAIN MINHAS, JUSTICE
Ch. Muhammad Anwar-ul-Haq for Petitioner. Sarfraz Ahmad Zia; D.P.G. for the State.

GHULAM YASIN

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), S.302/34---.---Qatl-i-amd---.---Bail, grant of---.---Accused was named in the F.I.R. and he was attributed Saria blows to deceased on his left arm and other parts of his body, but no blunt weapon injury had been found on the person of the deceased, except a lacerated wound 5 c.m. x 3 c.m. on the right foot near the heel---.---All the remaining injuries were fire-arm injuries, which were attributed to co-accused---.---Doctor had opined in the post-mortem report that the death of accused occurred due to the fire-arm injuries and the blunt weapon injuries had not been declared contributory to the death---.---Possibility of false involvement of accused, being real brother of principal accused could not be ruled out in circumstances---.---Question of sharing common intention or vicarious liability of accused for commission of offence required further probe---.---Accused was behind the bars for more than two yeaRs. but not a single witness had been examined by the prosecution---.---Accused was ordered to be released on bail, in circumstances. THIS ORDER PASSED BY: MAZHAR HUSSAIN MINHAS, JUSTICE:---.--- Petitioner is seeking post-arrest bail in case F.I.R. No. 133 dated 12-3-2006 under sections 302/34, P.P.C. Police Station Rohillanwali District Muzaffargarh. 2. Allegation against the petitioner is that on 12-3-2006 at about 11-30' a.m. he armed with Saryia along with his co-accused armed with .30 bore pistol attacked Abdul Latif brother of Muhammad Siddique complainant and committed his Qatl-i-amd near the house of Hafiz Rabnawaz causing injuries with their respective weapons. Petitioner inflicted Saryia blows to Abdul Latif on different parts of his body while co-accused Ahmed Din fired…
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