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2006 P Cr. L J 423

MUHAMMAD SHAFIQUE vs THE STATE

Citation2006 P Cr. L J 423
CourtLahore High Court
Case No.Criminal Miscellaneous No,5873/B of 2005
Date2005-08-17
Judge(s)Syed Shabbar Raza Rizvi
ResultApplication dismissed

ORDER

' SYED SHABBAR RAZA RIZVI, J.--- The petitioners have moved this application for bail before arrest in F.I.R. No,253 of 2005, dated 28-6-2005, under sections 337-A(ii), 337-L(ii), 337-H(ii), 148 and 149, P.P.C. At Police Station Saddar, Muridke.

2. Briefly, according to the F.I.R., the complainant was attacked when he asked accused either to return land for which he had already made payment or return his money. On 21-6-2005, petitioners, and co-accused Muhammad Rafiq attacked the complainant and caused him three injuries.

Petitioner No,1 Muhammad Shafiq also caused firing with pistol .30 bore.

3. The learned counsel for the petitioner submits that there is a delay of four days in lodging F.I.R. He also submits that no specific role has been attributed to the petitioners. He submits that the main accused in this case, Muhammad Rafiq has already been granted after arrest bail. He submits that at < the most case against the petitioners is under section 337-L(ii), P.P.C.

4. On the other hand, the learned counsel for the State submits that a role has been attributed to the petitioners. They have been found guilty during the course of investigation.

5. The conjunctive reading of F.I.R. And M.L.R. Shows that petitioners Nos.1 and 2 are attributed one injury each with Sotas at the person of the complainant. The petitioners have been named in the F.I.R. The recovery has not been effected. The Investigating Officer has also reported their involvement. Case of the petitioners cannot be compared with co-accused Muhammad Rafiq who was granted bail after arrest. In view of the above, I am not inclined to grant them extraordinary concession of pre-arrest bail. Therefore, this application is dismissed.

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