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PLJ 2015 Cr.C. (Lahore) 240

MUHAMMAD INTIZAR vs STATE and another

CitationPLJ 2015 Cr.C. (Lahore) 240
CourtLahore High Court
Case No.Crl. Misc. No, 4335-B of 2014
Date2014-06-05
Judge(s)Zafarullah Khan Khakwani
ResultBail allowed

ORDER

' The petitioner seeks his post-arrest bail in a cross version case of F.LR No, 472 dated .14.08.2013, under Sections 324/34 P.P.C, registered at Police Station Sadar Jaranwala, District Faisalabad.

2. According to the allegations leveled in the cross version, the petitioner while armed with carbine fired at Eijaz Ahmed which hit at his left leg.

3. Learned counsel for the petitioner inter-alia while reiterating his grounds given in the bail application prayed for grant of bail.

4. Conversely, learned Deputy Prosecutor General assisted by learned counsel for the complainant vehemently opposed the bail petition and prayed for its dismissal.

5. Arguments heard. Record perused.

6. Perusal of record shows that there is a delay of five days in lodging the cross version case. Only single fire is attributed to the petitioner and that injury has been declared by the doctor as 337- The complaint filed by the accused persons of cross version is pending. The petitioner was arrested on 09.10.2013 and after completion of the investigation, challan in this case has been submitted on 15.10.2013 with no progress in trial. The offences do' not fall within the prohibitory clause of Section 497, Cr.P.C. As the petitioner fired only a single shot which hit on non-vital part of the injured, So, intention to kill shall be seen at the time of trial. The petitioner is behind the bar ' for about eight months and conclusion of trial is not in sight in near future, so he can not be kept behind the bar for indefinite period.

7. In view of above circumstances, the case of petitioner comes within the ambit of further inquiry, resultantly, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 1,00,0001- with one surety in the like amount to the satisfaction of trial Court.

8. It is clarified that observations made in this petition are tentative in nature and shall have no affect upon the trial of main case in any manner.

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