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K.L.R. 2008 Criminal Cases 178

Muhammad Shafi vs The State

CitationK.L.R. 2008 Criminal Cases 178
CourtLahore High Court
Case No.Crl. Misc. No. 1782-B of 2007
Date2007-10-29
Judge(s)Sh. Azmat Saeed
ResultBail after arrest granted.

ORDER SH. AZMAT SAEED, J. - Cr. Misc. 1782-B of 2007 seeking post-arrest bail on behalf of petitioner Muhammad Shafi arises from case F.I.R. No. 146, dated 29.4.2007 registered with Police Station Khangarh, District Muzaffargarh, for offences under Sections 302/324/109/34, P.P.C.

2. It is the case of the prosecution that petitioner being one of the members of the unlawful assembly raised, Lalkara whereupon his co-accused fired from their respective weapons resulting in the death of complainant's son and injuries to Abdul Razaq injured.

3. Arguments advanced by the learned counsel for the petitioner, State and the complainant heard. Record perused.

4. Petitioner is only attributed proverbial lalkara with no attribution of any overt act whatsoever either to deceased or the injured. Admittedly, he is the father of co accused Mushtaq Ahmed and Ghulam Mustafa. He was stated to be empty handed and during the investigation was found not present at the time and place of occurrence and thus found innocent. He is behind the bars since his arrest and there is no progress in the trial which is yet to conclude and I am of considered view that his continuous detention would be inconsequential. In my view petitioner's case squarely falls within the ambit of further inquiry, hence, I direct that petitioner shall be released oh bail provided he furnishes security in the sum of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of the Trial Court.

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