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2006 YLR 723

Mian MUHAMMAD LATIF vs THE STATE

Citation2006 YLR 723
CourtLahore High Court
Case No.Criminal Miscellaneous No.4541-B o 2005
Date2005-07-20
Judge(s)M. Bilal Khan
ResultBail confirmed

ORDER

' M. BILAL KHAN, J.---Mian Muhammad Latif son of Baha Ali, the petitioner, by filing the instant petition seeks his pre-arrest bail in case F.I.R. No.188, dated 9-4-2005, registered at Police Station, Liaqatabad, District Lahore for offences under sections 337-H(2), 452, 506, 148 and 149, P.P.C. At the instance of Muhammad Younas Anjum.

2. Succinctly, the allegation against the petitioner and his co-accused, namely, Abbas, Suleman, Mst. Razia Bibi and an unknown, according to the F.I.R., was that they while carrying different fire- arms trespassed into house of Mst. Akbari Begum, sister of the complainant, raised Lalkaras issuing threats of life and made aerial firing.

3. The petitioner's plea for pre-arrest bail did not find favour with the learned Additional Sessions Judge, Lahore, who turned down his application vide order dated 12-5-2005. Hence, the instant petition.

4. I have heard the learned counsel for the parties at considerable length and have also gone through the record brought by Abdul Razzaq, S.-I./Investigating Officer.

5. It has been observed that there is inordinate delay of nineteen days in lodging the F.I.R. There is longstanding animosity between the parties and as many as two dozens of criminal cases had been registered in the past. The allegation against the petitioner and his co-accused was that they made indiscriminate firing, but no damage has been caused to anybody. Even no empty could be recovered by the police from the spot. Keeping in view the background of animosity, the possibility of false involvement of the petitioner cannot straightaway be ruled out.

6. Resultantly, this petition is allowed and the interim anticipatory bail granted to the petitioner by this Court vide order dated 17-6-2005 is hereby confirmed.

Cited by 1 case

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