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PLJ 2013 Cr.C. (Lahore) 188

MUHAMMAD HUSSAIN vs STATE and another

CitationPLJ 2013 Cr.C. (Lahore) 188
CourtLahore High Court
Case No.Crl. Misc. No, 18499-B of 2012
Date2013-01-17
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultBail granted

ORDER

Muhammad Hussain, petitioner seeks his release on bail in case FIR No, 341 dated 28.06.2012 registered under Sections 302, 337F(v), 337L(ii), 337A(i), 337F(i), 147, 149, PPC with Police Station Saddar Jaranwala District Faisalabad.

2. As per allegation contained in the FIR, the petitioner in the company of five other co-accused while armed with 'sotas' launched a murderous assault upon Manzoor Ahmad. The petitioner Muhammad Hussain, inflicted injuries with his `sots' at the person of Muhammad Yasin, the injured PW/which, hit on his hand on different parts of his legs. In this fight one Salah-ud-Din lost his life.

3. Parties heard. Record perused.

4. As per record the petitioner party had also lodged cross version against the complainant party in which the assailants have been challaned. The cross-version depicts that the petitioner and his wife also received injuries at the hands of the complainant party which injury has been suppressed in the FIR by complainant. The registration of cross-version and challaning of the assailants, prima facie makes the present case as of two versions. The question may be adjudicated upon by the learned trial Court. As per allegations in the FIR, the petitioner has caused injuries to one Muhammad Yasin who is an injured PW of the case and is supporting prosecution version but the injuries received by him are not on the vital part which clearly manifest the intention of the petitioner for not causing his death. The contention of learned counsel for the complainant that the cross version is planted one as the injured of that version had received simple injuries, if admitted as correct, even then the fact remains that the question of sharing the common intention by the petitioner with his co-accused is to be determined- during trial by the Court. In this view of the matter, it is a clear case of further inquiry entitling the petitioner for grant of bail.

5. In view of the above, the petition is allowed and Muhammad Hussain, petitioner is admitted to bail subject to his furnishing bail-bonds in the sum of Rs, 100,000/- (Rupees One hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.

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