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Petitioner: ABDUL REHMAN VS Respondent: STATE
1995 M L D 1293
1995 M L D 1293
[Lahore]
Before Ahmad Saeed Awan, J
ABDUL REHMAN---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No.924/B of 1995, decided on 15th March, 1995.
Criminal Procedure Code (V of 1898)--
----S.497---Penal Code (XLV of 1860), S.334/337-A(i)/34---Bail, grant of-- Accused was an old man of about 60 years---Documentary evidence had been placed on record to show that the case registered against the accused was an outcome of malice and his enmity with a police officer posted at the same police station---Interim bail already allowed to accused was confirmed in circumstances.
Afzal Nazeer Sheikh for Petitioner.
Rana Naseem Sabir for the State.
ORDER
Abdul Rehman petitioner being accused of a case F.I.R. No. 285/94, dated 3-11-1994 under section 334/337-A (i), Qisas and Diyat Ordinance read with section 34, P.P.C Police Station City Toba Tek Singh has approached this Court for the grant of bail after refusal of the same by the learned Additional Sessions Judge, Toba Tek Singh.
2. The allegations against the petitioner are that on 3-11-1994 at about 7-30 a.m. he was unloading earth from his Trolly in front of his house when petitioner alongwith his son came there and started abusing. He also made a criminal assault upon him. The petitioner gave a fist blow on the face of the complainant which hit him on the upper frontal tooth and the same was removed.
3. I have heard the arguments advanced by the learned counsel for the parties and have perused the record.
4. Admittedly, the petitioner is an old man of about 60 years. To support the contention that present F.I.R. is a result of malice and enmity with Gul Nawaz posted in the same Police Station, learned counsel has placed on record a copy of the order of learned Magistrate 1st Class dated 19-1-1994 acquitting the accused (present petitioner) in which the aforesaid A.S.I. was cited as a witness. He has also placed on record an `Iqrarnama' dated 23-12-1994 written by Muhammad Jamil (complainant of the present F.I.R.) has also been placed on record stating that Abdul Rehman (present petitioner) had got a case registered against him which was compromised through conciliation.
5. In these circumstances, a fit case for the grant of bail has been made. The bail already allowed to the petitioner is confirmed.
N.H.Q./A-794/L Bail granted.