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K.L.R. 2007 Criminal Cases 14

Ghulam Abbas Shah vs The State

CitationK.L.R. 2007 Criminal Cases 14
CourtLahore High Court
Case No.Criminal Misc. 7525-B of 2005,
Date2006-12-20
Judge(s)Mian Muhammad Najum-uz-Zaman
ResultBail before arrest refused.

ORDER

Petitioner seeks post-arrest bail in case F.I.R. No. 968/2004^ dated 25.12.2004 registered under sections 394/411, P.P.C, at Police Station, South Cantt., Lahore on the grounds that he had been falsely involved in this case on mere suspicion, he was never put to the test of identification parade and that during the investigation fake recovery was planted on him. If the case of the prosecution is accepted as it is even then only offence under section 411, P.P.C, is attracted which is punishable for three year's R.I. Further submits that there was a delay of sixteen hours in lodging the F.I.R.

Conversely, learned counsel for the State vehemently opposed the bail application.

2. After going through the record, I have observed that though the petitioner is not named in the F.I.R, but on the same day injured witnesses namely Javaid Sehgul, Mst. Tareem Sehgul and Security Guard-namely Zoqa Khan while making statements under section 161, Cr.P.C, had specifically stated that it was the petitioner who alongwith driver while breaking open the door entered into the house caused injures to them and thereafter took away their belonging.

In the light of the statements of injured witnesses who have no axe to grind against the petitioner, no ground for bail is made out. Dismissed.

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