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2015 LHC 5318

Aqeel Husnain etc vs The State etc

Citation2015 LHC 5318
CourtLahore High Court
Case No.Cr.Misc.No.3720-B/2015
Date2014-07-07
Judge(s)Syed Shahbaz Ali Rizvi, Aslam Javed Minhas
ResultN/A

Through this petition, Aqeel Husnain, Ghulam Ali and Najaf Ali, petitioners seek their post arrest bail in a case registered against them vide FIR No.84/2015, dated 14.4.2015, under Section 336-B PPC read with Section 7 of Anti Terrorism Act, 1997, Police Station Jallah Arain, District Lodhran, for causing loss of eyesight and injuries on face and chest of Ghulam Shabbir, injured by throwing acid on him.

2. Learned counsel for the petitioners contends that 11 persons have been roped in this case and it is not specified that who has actually thrown the acid by using the single jug; that the petitioners have been involved in this case due to mala fide and previous enmity, therefore, the case of the petitioners is of further inquiry.

3. On the other hand learned Deputy Prosecutor General assisted by the learned counsel for the complainant opposed the petition and argued that there is no mala fide or ill-will on the part of the complainant or the police to falsely involve the petitioners in this case of heinous nature and that the alleged offence falls under the prohibitory clause of Section 497 Cr.P.C., therefore, they are not entitled for the concession of post arrest bail.

4. We have heard the learned counsel for the parties and perused the record.

5. According to MLC both eyes of the injured, Ghulam Shabbir have been affected, there is haziness of eyes and hampered vision and he is 20% burnt. The petitioners along with Zohaib Hasan and other co-accused together went to the shop of injured and jointly perpetrated the alleged occurrence. During the investigation all the petitioners have been found involved in the occurrence.

The complainant or the police have no ill-will to falsely implicate the petitioners in the promptly lodged F.I.R. The contentions raised by the learned counsel for the petitioner requires deeper analysis of evidence that is not permissible at bail stage. The alleged offence falls under the prohibitory clause of Section 497 Cr.P.C, therefore, no ground for bail is made out, hence this petition has no force and same stands dismissed. However, the learned trial court is directed to conclude the trial expeditiously preferably within a period of three months.

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