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2002 YLR 695

MUHAMMAD MANSHA and anothers vs THE STATE

Citation2002 YLR 695
CourtLahore High Court
Case No.Criminal Miscellaneous No, 2506-B of 2002
Date2002-05-15
Judge(s)Asif Saeed Khan Khosa
ResultBail allowed

ORDER

' At the outset the learned counsel for the petitioners has stated that he does not press the present petition for the time being to the extent of Muhammad Mansha petitioner No,1 . This petition is, therefore, dismissed having not been pressed at this stage to the extent of Muhammad Mansha petitioner No,l.

2. Through this petition Muhammad Ashfaq petitioner has sought post-arrest bail in case F.I.R.

No,154 registered at Police Station Faizabad, District Sheikhupura on 6-8-2001 for offences under sections 324/148/149, P.P.C.

3. After hearing the learned counsel for the parties and going through the record it has been noticed that according to the F.I.R. Muhammad Ashfaq petitioner stands saddled with the responsibility of causing a fire-arm injury on the abdomen of Muhammad Aslam P.W. The medical evidence , however, does not provide support to the said allegation against Muhammad Ashfaq petitioner inasmuch as the fire-arm injury depicted by the medico-legal certificate on the of Muhammad Aslant P.W. Has been described by the doctor to be an exit wound. It is also available on the record that many investigations have been conducted in this case and some of the Investigating Officers had found Muhammad Ashfaq petitioner to be innocent. The challan in this case has already been submitted after completion of investigation and, thus, continued physical custody of this petitioner is no longer required for the purposes of investigation.

4. For what has 13 en discussed above the case against Muhammad Ashfaq petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore allowed to the extent of Muhammad Ashfaq petitioner and he is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

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