Case Details

Citation(s)
2004 SLG 1039 2004 SLD 1039 2004 SCMR 841
Supreme Court of Pakistan
Criminal Petition No.922 L of 2002, decision dated: 8-01-2003.(On appeal from the order dated 18 11 2002 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous No.7049/B of 2002)
JAVED IQUAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Muhammad Kazim Khan, Advocate Supreme Court with C.M. Latif, Advocate on-Record for Petitioner. Aziz Ahmad Chughtai, Advocate Supreme Court for the State

IHSAN BUTT

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-- S. 497 Penal Code (XLV of 1860), Ss.324, 148 & 149 ¬Constitution of Pakistan (1973), Art.185(3) Bail, grant of Further inquiry Principle of consistency Record revealed that the accused was armed with "Sota" and no specific injury had been attributed to him ¬Co accused to whom a serious role of infliction of Chhuri blows was assigned had been discharged due to want of incriminating material ¬Bail had already been granted to the co accused who was armed with a pistol Other co accused was also injured during the scuffle and as such being a case of counter version the concession of bail could be extended in favour of the accused on the ground of further inquiry under S.497(2), Cr.P.C. Principle of consistency could also be pressed into service as bail had been granted to the co accused who was armed with pistol ¬Besides that it was yet to be determined as to who was the aggressor and thus matter squarely fell within the ambit of further inquiry Supreme Court, in circumstances, converted the petition for leave to appeal into appeal and granted bail to the accused. Shoaib Mehmood Butt v. Iftikharul Haq 1996 SCMR 1845 and Fazal Hussain v. The State 1976 SCMR 124 ref. ORDER JAVED IQBAL, J. Pursuant to F.I.R. No.253 of 2002 got lodged with Police Station Saddar, Muridkey, by complainant namely Mian Tariq under sections 148, 149 and 324, P.P.C. the petitioner was arrested for causing injuries to Khurrum Shehzad by means of 'Sota' alongwith other co accused namely Bashir Ansari, (duly armed with firearm weapons), Qadeer Ansari and Sarfraz son of Allah Ditta (armed with Chhuris, Ali Hussain alias Kaloo (armed with pistol), Azmat Shah and Ihsan Butt (armed with 'Sofas'). It was also alleged in the F.I.R. that Qadeer Ansari and Sarfraz inflicted Chhuri blows on the left leg of Khurrum Shehzad while Sattar Ansari and Bashir Ansari fired which hit on the right leg and thigh respectively. Bail application moved on behalf of petitioner has been rejected vide order impugned assailed by means of this petition. 2. It is mainly contended by Mr. Muhammad Kazim Khan, learned Advocate Supreme Court on behalf of petitioner that accused Sarfraz…
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