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PLJ 2018 Cr.C. (Lahore) 293

FATEH MUHAMMAD vs STATE & another

CitationPLJ 2018 Cr.C. (Lahore) 293
CourtLahore High Court
Case No.Crl. Misc. No, 61298-B of 2017
Date2017-12-07
Judge(s)Syed Shahbaz Ali Rizvi
ResultBail dismissed

ORDER

Through this petition, Fateh Muhammad petitioner seeks post arrest bail in case FIR No, 70 dated 04.04.2016 registered for offences under Sections 324, 337-F (iii), 337-F(vi) and 337-D of Pakistan Penal Code, 1860, at Police Station Saddar Samundari, District Faisalabad.

2. Precisely, the allegation against the petitioner as per narration available in the crime report is that on 04.04.2016 at 10:30 a.m. he while armed with .30-bore pistol caused fire-arm injuries to the injured witnesses.

3. Arguments herad. Record perused.

4. The petitioner admittedly a Pesh Namaz', caused fire-arm injuries in the abdomen, vital part of Nadeem Raoosl, on the right thigh of Nabeel Aslam and right shin of Abdullah which ranspires that he repeatedly shot fires and caused injuries to three persons. During investigation, crime weapon i.e pistol stands recovered at his instance. Though after submission of challan, learned trial Court could not procure the attendance of prosecution witnesses yet since 13.07.2017 the witnesses are appearing before the learned trial Court to depose against the petitioner but hearing of trial is being adjourned upon the requests of defence side which transpires that delay in conclusion of trial is also attributable to the petitioner. Learned counsel for the complainant ensures that the prosecution s itnesses shall remain incessantly present before the learned trial Court to get their statements recorded to ensure swift conclusion of the trial. In this view of the matter, this Court is not inclined to grant poet arrest bail to the petitioner. Hence, this petition stands dismissed.

However, learned trial Court is directed to proceed with the trial on day to day basis to ensure its expeditious conclusion preferably within a priod of three months after receipt of this order.

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