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PLJ 2017 Cr.C. (Lahore) 76

ABDUL GHAFFAR vs STATE and another

CitationPLJ 2017 Cr.C. (Lahore) 76
CourtLahore High Court
Case No.Crl. Misc. No, 3247-B of 2016
Date2016-09-26
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultPetition Accepted

ORDER

Abdul Ghaffar, petitioner seeks his release on post arrest bail in case FIR No, 324 dated 26.07.2015, registered under Sections 302/148/149, PPC with Police Station Kasowal, District Sahiwal.

2. As per FIR, the petitioner in the company of his co-accused, attacked upon the complainant party and committed murder of Khalil Ahmed and caused injuries to injured persons with their respective weapons.

3. Parties heard. Record perused.

4. Perusal of the record shows that alleged occurrence reported to the police with the delay of four hours while has not been explained by the complainant in the plausible manner. Bare perusal of FIR reveals that two injuries were caused at the head of deceased by present petitioner and Muhammad Ramzan but according to postmortem report there was only one injury at the head of deceased, which evidently shows that ocular account and medical evidence are not at same page. During the investigation it was opined by Investigating Officer that only lalkara has been attributed to the petitioner and during the physical remand nothing was recovered at the stance of present petitioner. The petitioner is behind the bars since 26.11.2015, whose person is not required for further investigations and his long incarceration in jail would amount as sentence before the judgment. By granting bail to the petitioner; his custody is being handed over to the sureties, who would produce him on each and every date of hearing and that would serve the purpose of law.

5. For the foregoing reasons, the petition in hand is accepted and petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs, 100,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of learned trial Court.

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