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1999 YLR 1352

ALI NAWAZ vs THE STATE

Citation1999 YLR 1352
CourtLahore High Court
Case No.Criminal Miscellaneous No,2036/B of 1999
Date1999-05-12
Judge(s)Falak Sher, Muhammad Asif Jan
ResultBail granted

ORDER

' Petitioner having been arrested in the case registered vide F.I.R. No, 285 of 2-8-1998 under sections 324, 148 and 149, P.P.C. Police Station Zafarwal District Narowal alleging way-laying the complainant Muhammad Ikram having a ride on his paternal cousin Shakil Ahmad's motorcycle by an unlawful assembly comprising 12 persons emerging from the eucalyptus trees, responding to Ghulam Naqashband's exhortation Ghulam Dasigir fired gunshot landing at the latter's thigh to whom Yasin supplemented likewise injury on the left elbow and the petitioner on the complainant's back of the chest subsequent whereto under fire cover the assailants vanished away over a controversy emanating out of damaging of crop has sought bail.

2. Contending it to be a case of cross-version wherein petitioner and co-accused Ghulam Naqshaband suffered 6 and 4 injuries respectively including fire-arm wounds on vital Ills of their anatomy being duly borne out from .Medico legal report to which they were promptly exposed the same day factum whereof has been deliberately suppressed by the complainant on which count the petitioner has already suffered 9 months' internment whose co-accused Ghulam Naqshban with identical role having been bailed out by the Sessions Court he too is entitled to the concession on the principle of consistency and with the completion of investigation is no more required by the Investigating Agency.

3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story without dislodging the contentions urged upon instructions imparted by the police official in attendance equipped with the record.

4. Persuaded whereby the petitioner is allowed bail upon furnishing bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the Sessions Court concerned.

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