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K.L.R. 1994 Criminal Cases 333

FAQIR HUSSAIN Etc vs THE STATE

CitationK.L.R. 1994 Criminal Cases 333
CourtLahore High Court
Case No.Cr. M. No. 833-B of 1994
Date1994-04-01
Judge(s)Muhammad Zubair
ResultN/A

S.M.ZUBA1R, J.- The petitioners who are involved in a case under Section 302/34 PPC arising out of F.I.R. No. 177/93, dated 8.10.1993 registered at Police Station Sangla Hill, District Sheikhupura, seek to be admitted to bail.

2. Briefly the allegation against the petitioners is that they after sprinkling kerosene oil upon the complainant set him on i.e.

3. The learned counsel for the petitioners contends that the petitioners were found innocent during the investigation, hence the case against them is one of further inquiry, so they are entitled to bail.

In this regard, he has placed reliance on 1993 M.L.D 2548 1991 S.C.M.R. 1630 and 1993 S.C.M.R. 2288.

4. The learned counsel for the State has opposed this bail application for the same reasons which prevailed with the learned trial Judge while dismissing this petition.

5. I have heard the learned counsel for the parties and perused the record.

6. No doubt there is finding of the Police Officer in the report under Section 173 Cr.P.C, that the petitioners were found innocent during the investigation but the learned Sessions Judge rightly discarded the opinion of the Police Officer on the ground that deceased Muhammad Khalid himself lodged the F.I.R, and nominated the present petitioners as accused persons. After his death, this evidence if believed would be sufficient to sustain the conviction thus there is no force in this petition which is dismissed.

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