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2000 MLD 479

FAISAL BASHIR vs STATE

Citation2000 MLD 479
CourtLahore High Court
Case No.Criminal Micellaneous No,122-B of 1999,
Date1999-02-08
Judge(s)Raja Muhammad Khurshid
ResultBail refused

ORDER

' A case under section 324/34, P.P.C. Is registered against the petitioner and other at P.S. Saddar Gojra, District Toba Tek Singh vide F.I.R. No,147 of 1998, dated 27-5-1998.

2. It is contended that the petitioner acted in self-defence; that his co-accused with almost similar role have already been admitted to bail and that the injuries attributed to the petitioner are of simple nature; and lastly that the petitioner is behind the bars for the last about 8 months.

3. The petition is opposed by the learned counsel for the State on the ground that the petitioner is named in the F.I.R.; that he caused injuries to three persons while armed with a pistol at the vital parts of the injured P.Ws.; that the story of the defence raised at this stage cannot be taken into consideration as it requires deeper appreciation of merits of the case.

4. I have considered the foregoing submissions and find that the petitioner is named in the F.I.R. He was armed with a pistol and he opened fire at the complainant namely Imran Ali and caused him two injuries hitting on his back. He also opened fire with the pistol on the father of the complainant namely Salamat Ali hitting him in the abdomen and when a friend of father of the complainant namely Shakoor-ul-Islam tried to intervene, he was also caused fire-arm injury by the petitioner.

The MLRs of the injured persons corroborate the injuries attributed to the petitioner in the F.I.R. The bullet with which the complainant suffered injury is still in his abdomen. As such, the petitioner acted desperately by causing fire-arm injuries to three persons in the same transaction and as such, has no case for bail on merits. The question of cross-version that the petitioner acted in self- defence as the apprehended damage of his property would require deeper appreciation after the matter is finally examined when the trial is concluded. The petition being meritless is dismissed.

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