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1995 P Cr. L J 1454

ZULFIQAR and 5 others vs THE STATE

Citation1995 P Cr. L J 1454
CourtLahore High Court
Case No.Criminal Miscellaneous No,701/B of 1995
Date1995-03-14
Judge(s)Ahmad Saeed Awan
ResultBail refused

ORDER

' Six petitioners have moved this petition in case F.I.R. No,136, dated 29-7-1994 under sections 337-A (2), 337-F(3-5), 337-D, 148, 149 and 324, P.P.C. Police Station Satghara, Tehsil and District Okara.

2. According to the F.I.R., the petitioners variously armed with deadly weapons attacked on the complainant party and caused injuries on the person of Mansha and Nazir.

3. Learned counsel for the petitioner contends that one of the co-accused namely Jaffar has been granted bail by this Court and the case of the petitioners is at par with him; there is delay of 11 hours in lodging the F.I.R.; that petitioners Nos.1 to 5 have been declared innocent by the three consecutive Investigating Officers; petitioner No,6 has been found empty-handed and that deletion of sections 382 and 452, P.P.C. Casts doubt on the prosecution story. It is next contended that ocular version falsifies the medical report.

4. On the other hand learned counsel for the State accompanied by the counsel for the complainant has vehemently opposed the bail petition.

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

6. Insar one of the co-accused who is alleged to have made a gun fire on Muhammad Mansha is A.S.I. In the police. He has neither been arrested nor allowed bail by a competent Court. It shows high handedness on the part of the Investigating Officers. In such a situation, the findings of the Investigating Officers declaring the petitioners innocent carries no weight and are of no avail.

Learned counsel for the petitioner was unable to state whether the victims can still walk without any help or not. Muhammad Mansha received 14 injuries out of which Nos.1, 2, 3, 5, 6, 8, 9 and 14 were caused with fire-arm. Similarly, Nazir has also received many injuries including grievous in nature. The case of Jaffar Hussain co-accused is standing on different footing. In the circumstances, I am not minded to release the petitioner on bail. Dismissed. Copy of this order be sent to the Inspector-General of Police who shall look into the matter personally and get the investigation supervised by a responsible Senior Officer keeping in mind that one of the accused is A.S.I. In his department.

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