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1996 MLD 1342

MUHAMMAD ASHFAQ Alias FAKU And Another vs THE STATE

Citation1996 MLD 1342
CourtLahore High Court
Case No.Criminal Miscellaneous No.581/B of 1996
Date1996-03-20
Judge(s)Falak Sher
ResultBail allowed

ORDER

Post-arrest bail is being sought in the case registered vide F.I.R. No.265 of 16-7-1995 under sections 302/452 and 324/34, P.P.C at Police Station Sadar, Hafizabad inter alia alleging trespass by Muhammad Ashfaq alias Faku petitioner alongwith his father Chishti Khan and the principal accused Anwar Saeed equipped with pistol and .222 rifles with Bashir Khan stationed beyond the exit around 8-15 a.m.; Anwar Saeed pioneering the assault fired rifle shots landing on the complainant's father's right upper limb, his mother Ghulam Fatima's neck and abdomen; at which juncture his sister Mst. Nasra intervened to whom Chishti Khan caused fire-arm injuries at the right ear, chest, ribs and thigh where after, the former repeated the shot landing on Mst. Zubaida Rani's right thumb; subsequent whereto Bashir Khan exerted the assailants to do away with the complainant's father's entire family for the suspected reporting against Anwar Saeed accused.

2. Contending that no overt act whatsoever has been ascribed to Muhammad Ashfaq alias Faku while the acclaimed exhortation to Bashir Khan is merely a proverbial Lalkara and that too after the occurrence who are even alien p' to the alleged motive, and with the submission of challan are no more required by the investigating agency.

3. Which has been opposed by the learned counsel appearing on behalf of the State as well as the complainant reiterating the prosecution story without dislodging the contentions urged; which prima facie, constitute sufficient grounds for further inquiring into the petitioners' involvement in the offence charged, thus are allowed bail upon furnishing bonds in the sum of Rs.50,000 each with two sureties each in the like amount to the satisfaction of the trial Court.

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