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2017 MLD 399

SHARAFAT ALI and anothers vs The STATE and another

Citation2017 MLD 399
CourtLahore High Court
Case No.Crl. Misc. No,3352-B of 2016
Date2016-09-19
Judge(s)Shahid Hameed Dar
ResultOrder accordingly

ORDER

' SHAHID HAMEED DAR, J.---The petitioners, Sharafat Ali, Muhammad Khan (Crl.Misc.No,3352- B/2016), Jaffar Ali Zafar (Crl. Misc. No, 9220-B/2016) and Muhammad Tayyab Raza (Crl. Misc. No, 11028-B/2016), a juvenile, seek post-arrest bail on the statutory ground of delay in conclusion of their trial in case-FIR No, 383/2013, dated 5.9.2013, under sections 324, 364-A, 337-A(i), 337-F(i), 337- L(2), 336, 148, 149 P.P.C., registered at police station Chak Baidi (Pakpattan Sharif), on the complaint of Muhammad Haroon. All three above-noted applications are compositely decided hereby.

2. Precisely, the story of FIR as narrated by the complainant is that his maternal nephew Atta Ullah, a student of seventh crass and paternal nephew Muhammad Waqas, a student of eighth class in Government Elementary School of the village were forcibly dragged out from the school by the accused-petitioners and their co-accused, all armed with different weapons, at about 7.30 a.m. On 5.9.2013, where they rendered them naked and committed violence on them; on hearing the noise of the children, he, his brothers Muhammad Ishaq, Zahoor Ahmad and his two sons, Abdul Jabbar and Muhammad Altaf reached the spot; the accused raised Lalkaras, when they saw them; Muhammad Khan accused fired into the chest of his son Abdul Jabbar by means of .12-bore repeater-gun and Sharafat Ali accused fired at left calf and buttock of his brother Zahoor Ahmad, due to which they both fell on the ground badly wounded; Muhammad Yaqoob co-accused inflicted a sota blow on the head of Muhammad Altaf, whereas Muhammad Nasir co-accused caused an injury on the head of Muhammad Ishaq and one, at a finger of left hand of Atta Ullah; the motive behind the occurrence pertained to a previous quarrel between his paternal nephew Muhammad Waqas and Muhammad Tayyab (petitioner), that took place a day earlier.

' A cross-case was set up by the accused on 5.9.2013 for offences under sections 324, 148, 149, P.P.C, which was recommended for cancellation by the Investigating Officer vide case-diary dated 11.1.2014. The complainant's name thereof was Khadim Hussain.

3. After hearing the learned counsel for the parties and perusing the record, it is observed that Muhammad Tayyab Raza (petitioner), who was declared a juvenile by the learned trial court on 28.7.2016, was arrested on 8.3.2015 and Sharafat Ali, Muhammad Khan and Jaffar Ali Zafar (petitioners) on 30.1.2014. Their trial has not concluded as yet, nor did there exist any symptoms thereof, anywhere near. The petitioners were indicted long before, on 1.7.2015, but no prosecution witness has been recorded so far, for a variety of reasons, not necessarily attributable to the petitioners. Learned counsel for the complainant

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