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K.L.R. 1996 Criminal Cases 9

BASHIR AHMAD vs THE STATE

CitationK.L.R. 1996 Criminal Cases 9
CourtLahore High Court
Case No.Crl. 3546/B/1995,
Date1995-09-10
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER RASHID AZIZ KHAN, J.- Petitioner seeks bail in a case registered against him and another with Police Station Depalpur, District Okara, for an offence under section 302/324/34 PPC. The case was got registered by Muhammad Hassan with the allegation that the first informant's brother's daughter Mst. Zohars hands was asked for by the petitioner, Bashir Ahmed, for his younger brother Nazir Ahmed. The first informant's son' Muhammad Yar opposed the engagement therefore on 1-7-1994, at about 12-45 noon, the first informant with his son Muhammad Yar alongwith Muhammad Iqbal nephew, and Maman were coming back. When they reached near the shop of one Allah Ditta, Nazir Ahmed armed with chhurri, Bashir Ahmed with hatchet with Muhammad Tufail and Muhammad Rafiq armd with sotas were present there. On seeing them, petitioner Bashir Ahmed raised a lalkara on which Nazir Ahmed, co-accused, gave a chhurri blow to Muhammad Yar on his chest. It was followed by Bashir Ahmed who gave hatchet blow on the fore-head of the first informant, who fell down. Thereafter both of them belabored him. Resultantly he died later.

It was contended by learned counsel for the petitioner that involvement of the petitioner in the occurrence is not free from doubt. Argued that during Investigation Police came to the conclusion that the petitioner was not present at the spot but on the pressure of the complainant side his name was placed in column No.3 of the challan. Contentions were opposed by learned counsel for the State as well as counsel for the complainant.

2. I have heard the learned counsel at length and gone through the file. Petitioner is named in the FIR and he has been ascribed a specific role which attributed towards the death of Muhammad Yar. The Investigating Officer without there being any material on file file did opine that the petitioner was not present at the spot whereupon the investigation was changed and the subsequent investigating officer came to the conclusion that petitioner was present and he had caused injuries as well. Statements of the two injured witnesses are also available on the file who had ascribed an overt act to the petitioner. Challan has been submitted in Court in which he has been placed in column No.3. No ground for bail is made out. Petition fails which is dismissed.

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