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PLJ 2006 Cr.C. (Lahore) 118

MUHAMMAD AKHTAR vs STATE

CitationPLJ 2006 Cr.C. (Lahore) 118
CourtLahore High Court
Case No.Crl. Misc. No, 555-B of 2004
Date2004-03-08
Judge(s)Mian Muhammad Akram Baitu
ResultBail allowed.

ORDER

1. Through this petition the petitioner has sought for the relief of his post arrest bail in case FIR No, 287/03 dated 20.11.2003 registered under Sections 337-A(i) 337-A(iii), 34, PPC at Police Station Alpa District Multan.

2. 2.It is argued by the learned counsel for the petitioner that he has been falsely involved in this case due to previous enmity; that the offences complained are not applicable against the petitioner; that the FIR is belied by the medical evidence, that the petitioner is behind the bars for the last about two months being no more required by the police for further investigation and the trial against him has still been commenced.

3. 3.On the contrary learned state counsel opposed the petition on the ground that the petitioner is named in the FIR with a specific part of violence, therefore, he is not entitled for the concession of bail.

4. 4.Heard both the parties. Record perused Record reveals that though the petitioner is named in the FIR with a specific part of violence to-this effect that he allegedly inflicted a heard blow to Zahoor Ahmad injured yet the fact remains that as contended by the learned counsel for the petitioner the medical officer at the time of examination of injured has advised for Ex-ray but he has also given an opinion regarding the fracture without referring to the radiologist. He has further went on arguing that the injured has not been admitted in the hospital. The petitioner is stated to be behind the bars for the last about two months being no more required by the police for further investigation and the trial against him has still not been commenced . In view of the above discussion, there are sufficient reasons to believe that case of the petitioner needs further inquiry into his guilt and falls under sub-section (2) of Section 497 Cr.P.C. The petitioner is therefore, held entitled for the concession of bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of learned trail Court.

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