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2000 YLR 215

ABDUL RAZZAQ vs THE STATE

Citation2000 YLR 215
CourtLahore High Court
Case No.Criminal Miscellaneous No,938-B of 1998
Date1998-06-30
Judge(s)Raja Muhammad Sabir
ResultBail allowed

ORDER

' The petitioner seeks bail after arrest in a case registered vide F.I.R. No,204 of 1996 at Police Station, Burjwala, on 13-7-1996. The allegation against the petitioner is only to the extent that he was armed with fire-arms and raised Lalkara during the occurrence in which three persons were killed namely Muhammad Anwar, Ismail and Razia Bibi. The petitioner in pursuance to the aforesaid F.I.R., was arrested immediately after the occurrence and since then he is in Jail.

2. Learned counsel for the petitioner contends that only Lalkara is attributed to the petitioner. He has neither fired at any of the deceased in the air. Learned State Counsel has opposed the grant of bail while submitting that three persons were killed during the occurrence and as such the petitioner is not entitled to the grant of bail.

3. I have heard the learned counsel for the petitioner and perused the record. Perusal of F.I.R.

Indicates that Abdul Razzaq petitioner is only attributed Lalkara in the F.I.R., although according to the complainant he was armed with fire-arms also. He has not used the weapon which he was carrying at the time of occurrence. Involvement on the basis of Lalkara is a common feature of our society. There are total eight accused in this case and separate role is attributed to all them in the F.I.R. Since the petitioner's role is only to have raised Lalkara at the time of occur ence, therefore, his involvement by invoking provision of section 148/149 read with section 302/324, P.P.C., needs further probe.

4. In view of the circumstances, he is admitted to bail in the sum of Rs,2 lacs with one surety in the like amount to the satistacti in of the trial Court.

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