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NLR 2010 Criminal 110

MUHAMMAD ISHAQUE vs THE STATE

CitationNLR 2010 Criminal 110
CourtLahore High Court
Case No.Crl. Misc. No, 1085-B-09
Date2009-04-14
Judge(s)Pervaiz Inayat Malik
ResultBail Refused

ORDER

' PERVAIZ INAYAT MALIK J.---Muhammad Ishaque son of Muhammad Iqbal petitioner seeks post- arrest bail in case FIR No, 266/2008, dated 30.9.2008 registered at Police Station Jhoke Utra District D.G. Khan under Sections 324/34, PPC at the complaint of Hazoor Bukhsh son of Elahi Bukhsh.

2. The allegation against the petitioner is that he caused grievous heart to Kausar Parveen, wife of Fayyaz Hussain elder brother of the accused.

3. It is inter alia contended that the case against the petitioner is tainted with malice and inala fide that this is an in-witnessed occurrence; that the petitioner is no more required for investigation purpose; that the presence of PWs at the place of occurrence is unnatural, and that the petitioner is behind the bar for the (sic) that the challan has not yet been submitted in the Court and there is no likelihood of its commencement in near future; that nothing has been recovered from the petitioner; that the petitioner is a public servant and cannot commit such offence; he has been involved due to family rivalry and that the petitioner is a previous non-convict.

4. Conversely the bail is vehemently opposed by the Jearned Deputy Prosecutor General as well as the learned counsel representing the complainant.

5. It is inter alia contended that the petitioner is specifically named in the FIR with attribution of specific role of causing previous injury to injured PW Mst. Kauser . Parveen. The oral account is corroborated by the medical evidence. Motive part is also attributed to him.

6. Arguments heard. Record perused.

7. Admittedly the petitioner is named in the FIR with a specific role of causing injuries on the face of Mst. Kausar Parveen victim of this case duly-corroborated by medical evidence. Mst. Kausar Parveen has appeared before me alongwith her counsel. I have seen her face i.e, place of injury, She in fact has been defaced. The attack on her face subjects desperate character of the petitioner. Sufficient evidence is available on the record to prima facie connect the petitioner with the offence alleged against, which clearly attracts prohibitory clause of Section 497, Cr.P.C. I, therefore, find no merits in this petition, which is hereby dismissed.

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