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2004 YLR 2944

NOREEN and others vs THE STATE

Citation2004 YLR 2944
CourtLahore High Court
Case No.Crl. Misc. No.3233/B of 2004
Date2004-06-03
Judge(s)Rustam Ali Malik
Resultbail confirmed

ORDER

' The petitioners seek pre-arrest bail in case F.I.R. No.189 of 2004 registered in P.S. Tibbi, Lahore, under section 337-F(i), F(ii), and 34, P.P.C.

2. The F.I.R. Was lodged by one Iqbal Hussain regarding an occurrence which had taken place on 28-3-2004 at 5-45 p.m. And during the course of which the petitioners had allegedly attacked the complainant and had caused injuries to him. According to the contents of the F.I.R., petitioner No.1 Mst. Noureen had caught hold of the complainant from his hair while Iftikhar a co-accused of the petitioners had given a razor blow on the chest of the complainant towards the left side and thereafter Hamid Iftikhar petitioner No.2 had given 5/6 blows with the razor on the back of the complainant and which started bleeding. Thereafter Dilawar Mehmood petitioner No.3 who was armed with a hockey stick and Muhammad Qasim co-accused of the petitioners who was armed with a Danda (wicket) had given several blows on his legs and arms and he had got unconscious.

Mst. Asia Bibi the wife of the complainant and his friend Hasham Ali with the help of other residents had got him rescued.

3. Iftikhar co-accused of the petitioners who had allegedly given a razor blow on the chest of the complainant, has already been admitted to bail, by the learned Additional Sessions Judge, Lahore.

4. The S.-I. Present in Court has stated that the petitioners are no more required by the police and as a result of investigation, a recommendation is being made for cancellation of the case. He has also stated that the complainant was medically examined by the Medical Board and the Medical Board was of the opinion that possibility that the injuries had been caused with a friendly hand could not be ruled out.

5. In view of the above circumstances, when the petitioners are no more required by the police for further investigation and when a recommendation is being made for cancellation of the case and when the learned counsel for the petitioners has alleged that the petitioners have been implicated falsely in this case with ulterior motives, the petitioners are entitled to the concession of pre-arrest bail. Therefore, this bail application is accepted and the pre-arrest bail already granted to the petitioners is confirmed, subject to their furnishing fresh bail bonds in the sum of Rs.35,000 with one surety each in the like amount to the satisfaction of the trial Court, within seven days.

Pre-arrest .

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