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PLJ 2020 Cr.C. (Lahore) 483

Muhammad Zahid vs State, and another

CitationPLJ 2020 Cr.C. (Lahore) 483
CourtLahore High Court
Case No.Crl. Misc. No. 467-B of 2019
Date2019-02-25
Judge(s)Sardar Ahmad Naeem
ResultBail allowed

ORDER

Muhammad Zahid, petitioner has sought post-arrest bail in case registered vide F.I.R. No. 234/2013 dated 03.07.2018 at Police Station Saddar Jalalpur Pirwala, Multan, for of fences under Sections 324, 148, 149, P .P.C.

2. Allegedly , the petitioner being member of unlawful assembly and in prosecution of its common object attempted at the life of the complainant.

3. After hearing the learned counsel for the parties and perusing the record, it was observed. that the F.I.R. was registered with unexplained delay of two hours. Despite the fact that the petitioner was armed with .30-bore pistol and the injured was at his mercy but he did not fire at any vital part of his body and, thus, question if he intended to eliminate the injured, would be adjudged by the learned trial Court after recording evidence at trial. The co-accused of the petitioner with similar role, namely , Sabir was found innocent during the investigation whereas, the co- accused nominated being Sultan and Arif were also admitted to bail by the competent forum. The recovery stands effected from the petitioner and the injuries sustained by the injured were declared as ghayr -jaifah mutalahimah which attracts Section 337-F(iii), P.P.C. The petitioner is in jail since 17.08.2018. The expeditious trial is the right of every accused and nobody can be detained in jail for indefinite period. The case of the petitioner , in the circumstances, needs thorough probe within the meaning of Section 497(2), Cr .P.C.

4. In view of the above, the petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge.

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