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PLJ 2021 Cr.C. 975

Asif Abbas and 2 others vs State and 2 others

CitationPLJ 2021 Cr.C. 975
CourtLahore High Court
Case No.Crl. Misc. No. 42695-B of 2020
Date2021-03-22
Judge(s)Tariq Saleem Sheikh
ResultBail dismissed

ORDER

Through this application the Petitioners seek pre-arrest bail in case FIR No. 312/2020 dated 18-04-2020 registered at Police Station Tattlay Aali, District Gujranwala, for offences under Sections 337- F(i)/337(iii)/337-F(v), 324/148/109 PPC.

2. Briefly , the prosecution case is that on 18-04-2020 at about 08:00 a.m. the Petitioners and their co-accused launched murderous assault on the comp lainant party and attempted to occupy their land. As a result, two persons were injured.

3. Arguments heard. Record perused.

4. The Petitioners are nominated in the FIR. Inasmuch as it was a daylight occur rence. There is no possibility of mistaken identity . The allegation against Petitioner No. 1 (Asif Abbas) is that he shot at Waqas on his armpit which went through and through while Petitioner No. 2 (Zahid alias Moon) is accused of causing fire-arm injury on the knee joint of Waqas. Petitioner No. 3 (Umer Farooq) is alleged to have caused fire-arm injury on the left foot of Naveed. During investigation PWS Waqas and Naveed got their statements record ed under Section 161, Cr.P.C. in which they have fully supported the prosecution case. They are corroborated by medical evidence. On a tentative assessment there is suf ficient incriminating material against the Petitioners.

5. It is trite that pre-arrest bail is an extraordinary relief which is extended to protect innocent people from harassment and false implication. The Petitioners have not produced any material on record which could show that the FIR, against them is actuated with malice. This petition is no merit and is, therefore, dismissed.

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