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2016 P.S.C. 458, 2016 SCMR 907, 2016 P.S.C. Crl. 458

Abid vs The State and others

Citation2016 P.S.C. 458, 2016 SCMR 907, 2016 P.S.C. Crl. 458
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 572-L of 2015
Date2015-06-11
Judge(s)Ijaz Ahmad Chaudhry, Iqbal Hameed-ur-Rehman
ResultBail granted

ORDER

' IJAZ AHMED CHAUDHRY, J. --- Through the instant petition the petitioner seeks setting aside of the order dated 8.04.2015 through which Crl. Misc. No, 3164-B/15, filed by the petitioner for bail after arrest has been dismissed by the learned High Court. The petitioner is an accused in case F.I.R. 317, dated 20.07.20014 registered under Sections 302, 324, 337-A(i)(ii), 337-F(iii)(vi), 337-L(2), 148 and 149, PPC at police station Saddar Phool Nagar, District Kasur. According to the contents of the F.I.R. seven accused including the petitioner duly armed with pistol fired at the complainant party. The allegation against the petitioner is that he armed with .12 pistol fired at Naseer Ahmed which hit him on his chest while the other co-accused also made fire causing injuries to the other witnesses.

2. Learned counsel for the petitioner contends that the injuries attributed to the petitioner are simple in nature; that co-accused of the petitioner namely Shafique alias Zafra, who had also been attributed fire-arm injuries has already been allowed bail by the learned High Court; that the case of the present petitioner is at par with that of his co-accused therefore, following the rule of consistency, he may kindly be allowed bail.

3. The learned Additional Prosecutor General while opposing the bail of the petitioner states, that injuries attributed to the petitioner were on the vital parts of the body of the victim and the petitioner deserves no leniency.

4. We have heard the arguments of the learned counsel for the parties and have perused the record as well as the impugned order. The injuries attributed to the petitioner fall within the purview of Sections 337-F(i) and 337-A(i) which are bailable. Since the co-accused of the petitioner, who had also been attributed fire-arm injuries, has already been allowed bail therefore, the case of the petitioner, being at par with that of his co-accused, also deserves the same treatment as such the petitioner is entitled to bail. Hence this petition is converted into appeal and allowed. The petitioner shall be released subject to his furnishing bad bonds in the sum of Rs, 200,000/- with two sureties in the amount to the satisfaction of the learned Trial Court.

Cited by 6 cases

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