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1992 P Cr. L J 541

ALTAF HUSSAIN vs THE STATE

Citation1992 P Cr. L J 541
CourtLahore High Court
Case No.Criminal Miscellaneous No. 225/B of 1991
Date1991-03-06
Judge(s)Munir A. Sheikh
ResultPetition accepted

ORDER

The petitioner seeks bail in a case registered through F.I.R. No.114 dated19-9-1990, at Police Station Jalalpur Pirwala, under section 307/326/452/449/34, P.P.C. Against him and Shaukat Hussain, Ghulam Abbas and Ghulam Shabbir. The allegations as contained in the F.I.R. Are that on 25-6- 1989 at about 10/11 night the petitioner with dagger entered the house of the complainant alongwith Shaukat Hussain with a plastic jug in his hand which was full of acid as also Ghulam Shabbir and Ghulam Abbas both armed with revolvers. Shaukat Hussain threw the acid at the face, head, chest, shoulders and arms of the complainant who was badly injured/burnt.

2. Learned counsel for the petitioner argued that Ghulam Shabbir and Ghulam Abbas were declared innocent and they were discharged by the Magistrate on the report of the Investigating Agency which was not challenged by the State or the complainant.

3. I have gone through the F.I.R. According to which the said Ghulam Shabbir and Ghulam Abbas allegedly played an active role in facilitating the commission of alleged offence, as according to the complainant they were armed with revolvers in order to harass the members of the family.

Ghulam Shabbir and Ghulam Abbas fired in the air so that nobody could come forward to save the complainant. It was also alleged that Ghulam Shabbir pointed the revolver toward the chest of the complainant, whereas Ghulam Abbas harassed the other members of the family. These two persons have been discharged. The allegation against the petitioner is only this much that he just stood with dagger in his hand. In these circumstances, I am persuaded to agree with the learned counsel for the petitioner that it is a case of further inquiry and without expressing any opinion on the merits of the case, it can safe, be said that it is a case where there arc no reasons for believing that the petitioner is guilty of an offence punishable with death, imprisonment for life or ten years.

The petitioner is allowed bail in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Shujabad, District Multan. This criminal miscellaneous stands disposed of.

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