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2015 YLR 835

MOHSIN ALI and others vs The STATE and others

Citation2015 YLR 835
CourtLahore High Court
Case No.Criminal Miscellaneous No,13920-B of 2014
Date2014-10-13
Judge(s)Aalia Neelum, Mazhar Iqbal Sidhu
ResultBail granted

ORDER

' MISS. AALIA NEELUM, J.---Through the instant petition, Mohsin Ali, Muhammad Faisal, Zaka Ullah, Zahid Ali, Ansar Maalik, Muhammad Tahir Attari, Muzammal Shahzad, Muhammad Asif, Muhammad Naveed and Muhammad Abu Bakar, petitioners seek post arrest bail in case FIR No,540 dated registered under sections 336, 19-7-2014, 337-A(i), 337L(2), 337H, 353, 186, 224, 225, 440, 148, 149, P.P.C. Read with Section 7 of Anti-Terrorism Act, 1997 at Police Station Khurrianwala, District Faisalabad.

2. The prosecution story, in brief, as per contents of FIR is that in the night of 19-7-2014 the complainant along with other police officials, having arrested Zulfiqar alias Bhuttoo etc., in connection with case FIR No,539/2014 under section 216, P.P.C. And 13 of Arms Ordinance had returned to the POlice Station, when a political party along with the present petitioners and ten unknown persons while armed with deadly weapons and "sotas" appeared before the main gate of the Police Station but the complainant got it locked from inside for the safety of the Police Station.

The assailants also brick-batted gate of the Police Station and also hurled abuses, grappled with the police officials. His teeth were also broken during the occurrence and assailants torn uniform of the police officials. In the same occurrence, the assailants forcibly got released the accused persons while sloganeering against the police.

3. Heard. Record perused.

4. Admittedly petitioners Nos.1 to 7 were not named in the First Information Report whereas the complainant has levelled generalized allegations against petitioners Nos.8 to 10. No specific allegation has been assigned to any one except for being a member of mob. The question of common intention was to be decided by the learned trial court after recording evidence and at bail stage no definite conclusion could be drawn as it needed deeper appreciation of evidence. As no specific overt act has been attributed to the petitioners, we are inclined to accept the post arrest bail petition and admit them to bail subject to their furnishing bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.

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