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1994 SCMR 1728

GULZAR AHMED vs THE STATE

Citation1994 SCMR 1728
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 542/L of 1993
Date1994-02-27
Judge(s)Muhammad Rafique Tarar, Manzoor Hussain Sial
ResultBail granted

' MUHAMMAD RAFIQ TARAR, J.---Gulzar Ahmad petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 30-11-1993 whereby his bail application in a case under sections 148, 302 and 379/149 of the P.P.C. Was dismissed.

2. The F.I.R. Version was that on 30-9-1992 at about 12-30 noon Muhammad Tufail fired twice at Munir Ahmad deceased hitting his back as a result of which he fell down. Then Abdul Karim fired at him hitting his back. In the meantime Bashir Ahmad, Muhammad Akram, Abdul Hamid, Sardar and Guizar Ahmad petitioner herein armed with revolvers came in a car. Bashir Ahmad fired at the deceased hitting his right arm-pit. Muhammad Akram fired at him hitting his abdomen, Sardar fired hitting his thigh, Abdul Hamid fired twice hitting his testis and Gulzar Ahmad fired a shot hitting his left hip.

3. Learned counsel for the petitioner contends that according to the F.I.R. The deceased suffered 10 fire-arm injuries but the post-mortem report shows that there were only 6; the injury attributed to the petitioner was simple in nature and he was found innocent in more than one investigations including the last one and wns placed in column No, 2 of the challan. The learned counsel for the complainant has opposed the prayer for bail.

4. The material available on the record lends support to the submissions made by the learned counsel for the petitioner. We, therefore, convert this petition into an appeal and allow it. The appellant shall be released on bail subject to his furnishing security in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of A.C., Faisalabad.

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