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PLJ 2012 Cr.C. (Lahore) 734

ABDUL HAMEED alias TAHIR HAMEED vs STATE and another

CitationPLJ 2012 Cr.C. (Lahore) 734
CourtLahore High Court
Case No.Crl. Misc. No, 659-B of 2012
Date2012-05-21
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultBail allowed

ORDER

The petitioner Abdul Hameed alias Tahir Hameed through the instant criminal, miscellaneous petition seeks his release on bail in. case arising out of FIR No, 233, dated 30.9.2010, registered under Sections 324, 452, 457 & 34, PPC with Police Station Abdul Hakim, District Khanewal having an allegation that at 2.00 a.m in the night he injured Sajjad son of the complainant with his rifle hitting on the testicals and went through and through the back.

2. After having heard the learned counsel for the parties and perusing the record, it is observed that allegedly the occurrence had taken place in the night of 29/30-9-2010 at 2.00 a.m but the source of identification is missing from the contents of the FIR. Further the complainant has admitted animosity of litigation between the parties. It is also a matter of further inquiry whether the fire landed at the tactical of a person can be exited through his back as alleged in the FIR. The Medico- Legal Report reveals that the bullet did not exit from the back rather it exited from the buttock. The petitioner is in judicial lock up for the last seven months, whose trial has not yet been concluded- Furthermore, the file discloses that Muhammad Younas an eye witnesses of the case is not supporting the prosecution version, thus the guilt of the petitioner is yet to be probed into during the trial. In the circumstances, it is a fit case for grant of the bail to the petitioner.

3. In view of the above, the petition is allowed and the petitioner Abdul Hameed alias Tahir Hameed is admitted to bail on furnishing of bail bonds in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

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