PLJ 2011 Cr.C. (Lahore) 217
[Multan Bench Multan]
Present: Abdul Sattar Goraya, J.
NAUSHER ALI--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 2918-B of 2009, decided on 23.7.2009.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 337-L, 109, 34--Bail after arrest--Rule of consistency--Further inquiry--Co-accued already on bail--Held: Allegation of causing fire-arm injuries on the buttocks of the deceased on present petitioner and his co-accused already bailed out--Distinguishing feature between co-accused and present petitioner is that weapon of offence has been recovered from the petitioner whereas no recovery was affected from his co-accused--FIR was registered with delay of 11 days and the deceased according to the medical report died on account of gangrene after sixty days. Except on one point of recovery, the role attributed to the petitioner and to co-accused is admissible--Case of the petitioner was one of further inquiry within the ambit of subsection (2) of Section 497 Cr.P.C. --Bail allowed. [P. 218] A
Mr. Altaf Ibrahim Qureshi, Advocate for Petitioner.
Ch. Sarfraz Ahmad Zia, DPG for State.
Mr. Tariq Zulfiqar Ahmed Chaudhry, Advocate for Complainant.
Date of hearing: 23.7.2009.
Order
Petitioner has been reported against in case FIR No. 378 dated 10.7.2008 under Sections 302/324/337-L(ii)/109/34, P.P.C. registered with Police Station Noor Shah District Sahiwal. Allegation against the petitioner is that he along with his co-accused Anwar Ali and Muhammad Ali armed with deadly weapons assaulted upon Murid Hussain deceased. Petitioner caused a gun-shot injury on the buttocks of the deceased. Petitioner applied for bail which was dismissed by the learned Additional Sessions Judge on 8.7.2009.
2. Arguments heard. Record perused.
3. Co-accused of the petitioner namely Anwar Ali has been allowed bail by this Court on 18.3.2009 in Crl. Misc. No. 88-B/2009 whereas the other co-accused Muhammad Ali was allowed bail on 2.6.2009 in Crl. Misc. No. 1316-B/2009. It is alleged that Muhammad Ali and the present petitioner both caused fire-arm injuries on the buttocks of the deceased. The distinguishing feature between Muhammad Ali and the present petitioner is that weapon of offence has been recovered from the petitioner whereas no recover was affected from his co-accused. The FIR was registered with delay of 11 days and the deceased according to the medical report died on account of gangrene after sixty days. Except on one point of recovery, the role attributed to the petitioner and to Muhammad Ali is assimilable.
4. For whatever it has been stated above, case of the petitioner is one of further inquiry within the ambit of sub-section (2) of Section 497, Cr.P.C. In the circumstances, this petition is accepted and the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.
(M.S.A.) Bail allowed.
[Multan Bench Multan]
Present: Abdul Sattar Goraya, J.
NAUSHER ALI--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 2918-B of 2009, decided on 23.7.2009.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 337-L, 109, 34--Bail after arrest--Rule of consistency--Further inquiry--Co-accued already on bail--Held: Allegation of causing fire-arm injuries on the buttocks of the deceased on present petitioner and his co-accused already bailed out--Distinguishing feature between co-accused and present petitioner is that weapon of offence has been recovered from the petitioner whereas no recovery was affected from his co-accused--FIR was registered with delay of 11 days and the deceased according to the medical report died on account of gangrene after sixty days. Except on one point of recovery, the role attributed to the petitioner and to co-accused is admissible--Case of the petitioner was one of further inquiry within the ambit of subsection (2) of Section 497 Cr.P.C. --Bail allowed. [P. 218] A
Mr. Altaf Ibrahim Qureshi, Advocate for Petitioner.
Ch. Sarfraz Ahmad Zia, DPG for State.
Mr. Tariq Zulfiqar Ahmed Chaudhry, Advocate for Complainant.
Date of hearing: 23.7.2009.
Order
Petitioner has been reported against in case FIR No. 378 dated 10.7.2008 under Sections 302/324/337-L(ii)/109/34, P.P.C. registered with Police Station Noor Shah District Sahiwal. Allegation against the petitioner is that he along with his co-accused Anwar Ali and Muhammad Ali armed with deadly weapons assaulted upon Murid Hussain deceased. Petitioner caused a gun-shot injury on the buttocks of the deceased. Petitioner applied for bail which was dismissed by the learned Additional Sessions Judge on 8.7.2009.
2. Arguments heard. Record perused.
3. Co-accused of the petitioner namely Anwar Ali has been allowed bail by this Court on 18.3.2009 in Crl. Misc. No. 88-B/2009 whereas the other co-accused Muhammad Ali was allowed bail on 2.6.2009 in Crl. Misc. No. 1316-B/2009. It is alleged that Muhammad Ali and the present petitioner both caused fire-arm injuries on the buttocks of the deceased. The distinguishing feature between Muhammad Ali and the present petitioner is that weapon of offence has been recovered from the petitioner whereas no recover was affected from his co-accused. The FIR was registered with delay of 11 days and the deceased according to the medical report died on account of gangrene after sixty days. Except on one point of recovery, the role attributed to the petitioner and to Muhammad Ali is assimilable.
4. For whatever it has been stated above, case of the petitioner is one of further inquiry within the ambit of sub-section (2) of Section 497, Cr.P.C. In the circumstances, this petition is accepted and the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.
(M.S.A.) Bail allowed.
No comments:
Post a Comment