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K.L.R. 1995 Criminal Cases 415

MUHAMMAD HUSSAIN vs YAMEEN And Another

CitationK.L.R. 1995 Criminal Cases 415
CourtLahore High Court
Case No.Criminal Misc. No 260/B of 1994,
Date1994-05-17
Judge(s)Khalil-ur-Rehman Ramday
ResultN/A

ORDERKHALIL UR REHMAN RAMDAY, J.- Muhammad Hussain petitioner who is the complainant in case FIR No. 379/93 of P.S. Sadar Sheikhupura which case stands registered with respect to the murder of one Arshad who was a brother of the said Muhammad Hussain complainant, seeks cancellation of bail allowed to Yamin respondent through an order dated 7.12.1993 passed by this Court (my learned brother Khizar Hayat, J as his Lordship then'was) in Criminal Appeal No. 4235/B/93.

2. It is not appropriate for me to consider the submissions made by the learned counsel for the complainant petitioner on the merits of the case as the same had been discussed in detail when the bail was allowed to Yamin respondent by this Court.

3. Other than the merits the, ground canvassed for recall of the bail is that after his release on bail, Yamin respondent had launched an attack on the complainant/petitioner on 14.12.1993 in respect of which an FIR bearing No. 806/93 had been registered at P.S. Sadar Sheikhupura for the alleged commission of offences punishable u/Ss 506/337 PPC; that on 27.1.1994 Yamin respondent and his companions again harassed the complainant and other eye-witnesses of the case in question in respect of which a report had been entered at the said P.S. On the said date and further that on 43.1994 both the parties, when they were present in the Police Station in connection with the investigation of the above- mentioned case quarrelled with each other as a result of which proceedings had been against the two parties u/ss 107/151 Cr.P.C.

4. The learned counsel for Yamin respondent submits that the above mentioned F.I.R. No. 806/93 had been found false and has since been recommended for cancellation.

5. The concession allowed to Yamin respondent by this Court cannot be permitted to be recalled only on the basis of a report entered at the P3, on the allegation that the respondent and his companions had tried to harass the eye- ' witnesses of the murder in question. The FIR which was lodged by the complainant, with respect to some such threats and harassment has since been found false.

6. In the circumstances, I find no merit in this petition which is accordingly dismissed.

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