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K.L.R. 2003 Criminal Cases 383

Muhammad Afzal And Another vs The State

CitationK.L.R. 2003 Criminal Cases 383
CourtLahore High Court
Case No.Crl. Misc. No. 7613-B of 2002
Date2003-01-22
Judge(s)M. A. Shahid Siddiqui
ResultPetition Disposed of

ORDER

1. M.A. SHAHID SIDDIQUIE, J.-- Muhammad Afzal and Ghulam Shabir have applied for bail after arrest in case F.I.R. No. 46, dated 4.4.2002, Police Station, Mian, District Sargodha under Section 337-A(iii), 337-A(i), 337-F(ii), 337-F(v), 337-L(ii) read with, Section 149, PPC. The petitioners and 12 others have allegedly assaulted and injured Nazar Muhammad, Muhammad Younis, Muqtadir Ali, Manzoor and Muhammad Amir on 4.4.2002 at 6:30 a.m. Muhammad Afzal, petitioner caused injuries to Manzoor and Muqtadir Ali PWs with a Sota. The head injury sustained by Manzoor Ahmad, PW which resulted into fracture in the right parietal region and attracts prohibitory clause, has been ascribed to Muhammad Afzal, petitioner. Therefore, he is not held entitled to concession of bail. Ghulam Shabhir accused has caused a simple injury on the left arm of Manzoor, PW, his case is not distinguishable from the case of remaining 12 accused who have been enlarged on bail. He is, therefore, ordered to be released on bail subject to furnishing bail bond in the sum of Rs, 50,000/- (Rupees Fifty thousand) with one surety in the like amount to the satisfaction of the Trial Court. The challan is said to have been submitted before the Trial Court but the trial has not yet commenced.

2. The Trial Court is directed to conclude the trial within 3 months. The complainant shall appear before the Trial Court on each date of hearing and ensure the attendance of his witnesses, ln case the complainant fails to produce his witnesses, the Trial Court shall be at liberty to consider the question of release of Muhammad Afzal accused on bail after the expiry of 3 months. This petition stands disposed of.

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