Case Details

Citation(s)
2002 SLG 851 2002 SLD 851 2002 PCRLJ 58
Lahore High Court
Criminal Miscellaneous Nos. 552/B and 559/B of 2001, decided on 13th July, 2001.
MUHAMMAD AKHTAR SHABBIR, J
Ahmad Mansoor Chishti for Petitioner (in Criminal Miscellaneous No.552/D of 2001). Syed Saleem-ud-Din Aftab for Petitioner (in Criminal Miscellaneous No.559/B of 2001). Ghazanfar Ali Khan and Mirza Nadeem Asif for the State (in Criminal Miscellaneous

MUHAMMAD ARSHAD

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860), Ss. 302/324/34 --- Bail --- Case of accused being at par with that of co-accused already released on bail by Trial Court, rule of consistency was attracted to their case--¬Accused had not caused any injury to the deceased, nor they had played any role in the commission of his murder---No weapon of offence was recovered from one accused---Accused had been found innocent by the police during investigation and they had been placed in Column No.2 of the challan---Sufficient material was available on record to, prima facie, show false involvement of the accused in the case and their case required further inquiry---No useful purpose could be served by detaining the accused further in jail---Trial of accused was pot likely to conclude soon---Accused were allowed bail in circumstances.   Ahmad Mansoor Chishti for Petitioner (in Criminal Miscellaneous No.552/D of 2001).   Syed Saleem-ud-Din Aftab for Petitioner (in Criminal Miscellaneous No.559/B of 2001).   Ghazanfar Ali Khan and Mirza Nadeem Asif for the State (in Criminal Miscellaneous Nos. 352/B and 559/B of 2001). ORDER Through this single order Criminal Miscellaneous Nos. 552/B and Criminal Miscellaneous No.559/B of 2001 are being disposed of as both these bail petitions are outcome of one and the same F.I. R. 2. Muhammad Arshad and Nazir Ahmad, Petitioners in Criminal Miscellaneous No.552/B of 2001 and Criminal Miscellaneous No.559/B of 2001 respectively, seek post-arrest bail in case F.I.R. No.114 0f 2001, dated 18-4-2001 registered under sections 302, 324 and 34, P.P.C. at Police Station Liaqatpur, District Rahim Yar Khan. 3. Briefly stated the prosecution story as narrated in the F.I.R. by the complainant is that on 18-4-2001 at 7-30 a.m. the complainant alongwith his brother Muhammad Qasim was going through the bazaar where Allah Ditta Arain was standing in front of his house, who on seeing them started calling them by names and said that he had forbidden them from passing through this site, why they have come there. The complainant and his brother answered that the bazaar is a thoroughfare. On this he became…
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