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(K.L.R. 1994 Shariat Cases 54)

MUHAMAD MUMTAZ vs THE STATE

Citation(K.L.R. 1994 Shariat Cases 54)
CourtLahore High Court
Case No.Criminal Misc. No. 216-B of 1994
Date1994-02-06
Judge(s)Khalid Paul Khawaja
ResultN/A

KHALID PAUL KHWAJA, J.- On 3-10-1993 at Police Station Bhera, District Sargodha a case under sections 324.337(F), 379, 448, 452,148 and 149 PPC read with section 14 of the Offence against property (Enforcement of Hudood) Ordinance, 1979, was registered against Muhammad Mumtaz, Duraiz petitioners and six others at the instance of Sher Muhammad complainant, it was alleged that the aforesaid accused while variously armed trespassed into the house of Abdullah Mochi, threw out his house-hold articles and took over the possession of the said House. They insulted the women folk and forcibly deprived them of a few ornaments. The complainant's son Muhammad Younas protested against this high-handedness whereupon he was fired at by Duraiz and Mumtaz accused petitioner. These shots resulted in injuries on the front of his left leg.

2. Muhammad Mumtaz and Duraiz petitioners who were attested on 18-10-1993 have applied for their post arrest bail.

3. I have heard the parties learned counsel and have also gone through the record.

4. The petitioners are lodged in the judicial lock up. The investigation is complete but the challan has not yet been submitted in Court. They are not required for the purposes of investigation which is complete. Their further detention in the judicial lock up would not serve any useful purpose. The offences charged against them are not punishable with death, life imprisonment or imprisonment for 10 years meaning thereby that the present case does not fall within the prohibitory clause of section 497 Cr.P.C. The petitioners, therefore, are admitted to bail in the sum of Rs.25,000/- each with one surety each in the like amount to the satisfaction of A.C/Ilaqa Magistrate, Bhalwal.

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