Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/148 & 149---Bail, refusal of---Accused was nominated in promptly lodged F.I.R. with a specific role of causing injuries to the complainant---Four injuries were found on the person of complainant and six injuries on the person of deceased---Trial Court was to determine whether accused shared the common object or not---Accused, after the dismissal of pre-arrest bail from the Trial Court, became fugitive---Such was a strong circumstance which would go against accused while considering bail which was an extraordinary relief---Prosecution had stated that Chhuri had also been recovered from the accused---Case of co-accused, who were granted bail, was quite distinguishable; in absence of any good ground for grant of bail to the accused, his bail petition was dismissed. THIS ORDER PASSED BY: M.A. ZAFAR, J.--- Muhammad Irfan petitioner seeks bail in a case F.I.R. No.395/2005, dated 31-8-2008 registered under sections 302/ 324/148/149, P.P.C. with Police Station Sharaqpur Sharif, District Sheikhupura at the instant of Majid Ali. As per allegations 8 accused named in the F.I.R. including the present petitioner were armed with Churris and they all in furtherance of their common object caused injuries to Ahmad Ali deceased and injured Majid Ali. According to the F.I.R. Muhammad Irfan petitioner injured Majid Ali P.W. 2. The learned counsel for the petitioner in support of his petition submits that the petitioner has not been assigned any injury on the person of the deceased, nothing has been recovered from the petitioner and if any recovery is there the same is planted one. He submits that only role of causing injury to the complainant has been attributed to the petitioner and according to the nature of injuries the sentence is one year's R.I. only. He further submits that co-accused of Shaukat Ali and Usman have been enlarged on bail by this Court vide order, dated 12-10-2007 and 15-1-2008 and the role of the petitioner is similar and akin to that of the accused who have been granted bail by this Court as such on the basis of rule of consistency the petitioner is also entitled to…

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