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1996 MLD 1345

MUHAMMAD AFZAL vs THE STATE

Citation1996 MLD 1345
CourtLahore High Court
Case No.Criminal Miscellaneous No.661/B of 1996
Date1996-04-17
Judge(s)Muhammad Asif Jan
ResultBail allowed

ORDER

Muhammad Afzal petitioner was formally arrested on the 2nd o: January 1996, in pursuance of a case registered against him and three others vide F. I. R. No.18/94, dated the 6th of March, 1994 at Police Station Rayya Khas of District Narowal, under section 324/394/34 of the Pakistan Penal Code, regarding an occurrence which took place on the 6th of March, 1994.

2. Admittedly, Muhammad Afzal petitioner was injured during the occurrence and received fire- arm injuries on his person. He was medically examined on the 6th of March 1994 through police and remained in hospital till the 12th of March 1994.

3. Co-accused Amjad Ali, a real brother of Muhammad Afzal petitioner was granted bail vide my order dated the 8th of September 1994, passed in Criminal Miscellaneous No.3493-B of 1994, primarily because, it was yet to be determined as to who was the aggressor.

4. Although, it is true, that normally the abscondence of an accused person disentitles him from the concession of bail, yet if an accused person is purposely not arrested by the investigating agencies and declared an absconder, then the C failure of the investigating agencies to perform their statutory duty cannot be allowed to be used against an accused person.

5. Resultantly, the petitioner is granted bail provided he furnishes a bail bond in the sum of Rs.50,000 with one surety in the like amount to the D satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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