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1985 P Cr. L J 2469(2)

IJAZ AHMAD vs THE STATE

Citation1985 P Cr. L J 2469(2)
CourtLahore High Court
Case No.Criminal Miscellaneous No, 875-B of 1985
Date1985-05-28
Judge(s)Mazhar-ul-Haq
ResultPetition dismissed

ORDER

' Ijaz petitioner alongwith Naveed, Mubashir, Nasir, Ishaq and Sadiq are accused of the murder of Muhammad Aslam and for having murderously assaulted Javed Iqbal his brother. The case was registered against them at Police Station Wahndo District Gujranwala, on 22-6-1984.

2. In the F.I.R., Naveed accused was attributed an injury with a dagger to Aslam deceased. Ijaz, and Mubashir were attributed Sarya blows to Aslam (deceased) in the flank and the knee. The matter was reinvestigated and Raja Munawar D.S.P. Found that the fatal injury was given by Ijaz to the deceased whereas Sadiq and Ishaq were his companions and not Naveed, Mubashir and Nasir.

3. Learned counsel for the petitioner contended that since there are two versions of the occurrence and the result of two investigations is entirely different so much so that the investigation conducted by the D.S.P. Introduced Sadiq and Ishaq in place of the other three accused mentioned above. It would, therefore, be a case of further enquiry. I have considered the matter. Suffice it to say that jjaz petitioner has been found to have taken part in the commission of this crime by both the investigations. The difference is only of the role played by him. According to the second investigation, he was responsible for the fatal injury whereas according to the allegations in the F.I.R., he was attributed simple injuries. In view of the fact that a concerted attack Was made by the accused in which Ijaz took part and the allegations are supported by not less than four eye- witnesses, I do not consider it a fit case for bail to him. This petition is, therefore, dismissed.

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