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PLJ 2019 Cr.C. 50

RIAZ HUSSAIN vs STATE and another

CitationPLJ 2019 Cr.C. 50
CourtLahore High Court
Case No.Crl. Misc. No, 2347-B of 2018
Date2018-05-14
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultBail allowed

ORDER

Riaz Hussain, petitioner seeks post arrest bail in case FIR No, 353/2017, registered under Sections 337F(i), 337F(ii), 337F(iv), 337A(i), 324, PPC with Police Station City Shujabad District Multan.

2. As per crime report, there were some family disputes between petitioner and his wife and on 26.06.2017, at 'Fajr Waila' petitioner while armed with 'Chhurra' entered into his own house and inflicted 'Chhurra' blows at different ports of body of complainant/his wife resulting into injuries at different parts of her body.

3. After having heard learned counsel for parties and perusing, the record, it is found that there are family disputes between the spouses and on the day of alleged occurrence, complainant, after abusing her husband/petitioner, inflicted injuries on her person and also to petitioner which fact is verified from medico-legal certificate of the petitioner who, received injuries at the hands of complainant. It is further found that the alleged weapon of offence i,e, 'Chhurra' recovered at the instance of petitioner is bloodstained but such recovery was made after three months of occurrence, thus, it's veracity/legality of the same, is subject matter of trial. Petitioner is facing incarceration since 22.07.2017, without conclusion of his trial and there is no allegation against him that this delay is being caused on the part of petitioner. The guilt of petitioner in commission of offence is yet to be determined by learned trial Court, so, before establishment of charge, keeping him behind bars, may amount pre-trial sentence. Accordingly, petitioner is entitled for the relief of bail.

4. For the reasons stated above, this petition is allowed and petitioner Riaz Hussain is admitted to post arrest bail subject to furnishing of bail bonds in the sum of Rs. 200,000/- (Rupees Two Lakhs

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