Pakistan Case Lawโ† Search
K.L.R. 1994 Criminal Cases 417

NOOR MOHAMMAD vs THE STATE

CitationK.L.R. 1994 Criminal Cases 417
CourtLahore High Court
Case No.Crl. Misc. No. 1260-B of 1994
Date1994-05-24
Judge(s)Khalid Paul Khawaja
ResultN/A

ORDER

KHALID PAUL KHAWAJA, J.- On 7.10.1992 at Police Station Garh, Faisalabad a case u/ss 302/24/440/148 and 149 PPC was registered against Noor Muhammad and 12 others at the instance of Muhammad Ramzan. It was alleged that aforesaid accused while variously armed had attacked the complainant party and injured Saeed Ahmad deceased and Lai PW. The former died as a result of his injuries. The motive for the occurrence was that the accused party wanted to take forcible possession of the Ihata where the complainant party was residing. Noor Muhammad petitioner in Crl. Misc. No.l260-B/1994 who was arrested on 7.11.1992, Sher Muhammad and Mir Muhammad accused/petitioners in Crl. Misc. No.l426-B/1994 who were arrested on 7.11.1992 and 8.12.1992 respectively have applied for their post arrest bail.

2. As both the applications arise out of the same occurrence they are disposed of by this order.

3. 1 have heard the learned counsel for the accused/petitioners and that of the complainant.

Learned counsel for the State did not enter appearance. I have also perused the record.

4. According to the allegations contained in the FIR Noor Mohammad and Sher Mohammad accused/petitioners were armed with Kassis and had demolished the intervening wall of the Ihata in question. There is no allegation against them that they had inflicted any injury on any PW or the deceased. As regards Sher Mohammad accused/petitioner it is alleged in the FIR that he was armed with a 12-bore gun and during the occurrence had fired in the air. Against him also there is no allegation that he had caused any injury to any one.

5. Jehangir accused who had allegedly caused simple i.e arm injuries on the legs of Lai PW was admitted to bail by this court on 4.4.1994 in Crl. Misc. No. 769-B/1994. The case of the present petitioner is on better footing than his. The accused/petitioners are in the judicial lock-up for the last about 1 year and challan against them has not yet been submitted in court. It is still under consideration of the prosecution branch. The investigation against the accused/petitioner is complete. They are not required for the purpose of investigation. Their further detention in the judicial lock-up would not serve any useful purpose. The therefore, are admitted to bail in the am of Rs.20,000/- each with one surety each in the like amount to the satisfaction of A:C Ilaqa Magistrate Samundari.

6. Both the applications are disposed of accordingly.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch