Pakistan Case Lawโ† Search
K.L.R. 1998 Criminal Cases 85

ARIF vs THE STATE

CitationK.L.R. 1998 Criminal Cases 85
CourtLahore High Court
Case No.Crl. Misc. No. 5128/B/1997
Date1997-10-31
Judge(s)Karamat Nazir Bhandari
ResultN/A

ORDER

K.N. BHANDARI, J.- Vide FIR No. 133/97 dated 31.5.1997 .Registered under Sections 337-A(i)/337-A (ii)/337-F(i)/337-F(iii)/337-H(ii)/148/149 PPC registered at Police Station Miana Gondal, District Mandi Bahauddin, allegations against six petitioners are that while armed with hatchets, Sotas, spear and rifle they attacked and injured the PWs over some land dispute. The petitioners are under arrest for last about three months. The challan has been submitted in Court and according to the findings of the Investigating Officer, the allegations against the petitioners are prima facie correct.

2. Bail is pressed on the ground that in fact it is a case of cross fight in which three of the persons on the side of petitioners were also injured but the prosecution has conveniently omitted to mention this aspect although during investigation this has been found correct. It is also urged that according to the medical examination of the victims there is .No hatchet or spear injury on the person of any of the victims. According to the learned counsel the sentence to which the petitioners may be subjected, is not covered by prohibitory clause.

3. On verification, the submissions are proved correct. Injuries on the side of the petitioners have not been explained and the survey of medical reports shows that none of the victims suffered any sharp edge or cutting injury or injury which can be said to have been caused by fire arm. The possible maximum sentence which the convict in this case may suffer ranges from three to five years, outside the prohibitory clause. As the investigation is over and the challan is already in Court, the petitioners are n6t required for the purposes of investigation. I, therefore, accept this application and direct that each of the petitioners shall be released on his furnishing bail bond in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the Judicial Magistrate/Trial Court.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch