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2008 YLR 1091

MEHDI KHAN vs THE STATE

Citation2008 YLR 1091
CourtLahore High Court
Case No.Criminal Miscellaneous No, 5563-B of 2006
Date2006-07-25
Judge(s)Syed Shabbar Raza Rizvi
ResultBail refused

ORDER

' SYED SHABBAR RAZA RIZVI, J.---The petitioner filed this post-arrest bail application in F.I.R. No,1031 of 2005, dated 3-12-2005, under sections 302, 396, 397, P.P.C. Registered at Police Station Saddar, Sheikhupura.

2. The allegation against the petitioner in the F.I.R. Is that some unknown persons entered into house of the complainant and committed dacoity and during the course of the said occurrence one person, Muhammad Younas was killed and two other persons, Muhammad Latif and Javed were injured with fire-arms.

3. The learned counsel for the petitioner submits that F.I.R. Was registered after three hours of the occurrence. According to him, the accused were not named in the F.I.R., the accused were named subsequently in a supplementary statement in collusion of police officers who had grudge against the petitioner as the petitioner has filed a writ petition against the police officials. The learned counsel submits that though the challan has been submitted in the Court, yet it does not effect right of the petitioner of bail. He submits that this is a fit case which requires further inquiry, therefore, the petitioner be granted bail.

4. The learned counsel for the complainant submitted that challan has been framed in this case under section 460, P.P.C. And under sections mentioned by the learned counsel for the petitioner.

The learned counsel for the complainant submitted that the trial has commenced, therefore, at this stage the bail should not be granted. The learned counsel for the State has adopted arguments of the complainant and added that the petitioner is a record holder.

5. I have heard the learned counsel as mentioned above. The record shows that the petitioner is not involved only in this case, as a matter of fact, list of F.I.Rs, has been produced in the Court which indicates that the petitioner is involved at least 13 other F.I.Rs, The cases include offences under section 302, 324, 429, 460 and other offences of grave nature. At last, three F.I.Rs, relate to offence under section 302, P.P.C. In the instant occurrence, one person was killed and two persons were injured. The offences attributed to petitioner through a supplementary statement are covered by the prohibitory clause of section 497, Cr.P.C. The trial has already been commenced, therefore, this Court is not convinced to allow this bail application, thus, it is dismissed.

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