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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AJMAL VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Ijaz Ahmad Chaudhry Title: MUHAMMAD AJMAL vs THE STATE Case No.: Criminal Miscellaneous No, 13068-B of 2009 Date of Judgment:2009-10-19 Reported As: 2010 MLD 994 Result: Bail confirmed
Judgment ORDER ' IJAZ AHMAD CHAUDHRY, J.---Petitioner seeks pre-arrest bail in case F.I.R. No,419 of 2009, dated 22- 6-2009, registered under sections 452, 337-F(i), 147, 149, P.P.C., at the Police Station Saddar Sialkot with the allegation that the petitioner made a "Kassi" blow on the complainant's wife of Mst. Bushra Bibi. 2. The learned counsel for the petitioner contended that the petitioner has been falsely implicated in the case with the mala fide intention and ulterior motive of the complainant and the local police. It is further contended that present case a civil suit was filed by the complainant in the Court of Mr. Muhammad Atif Saeed learned Civil Judge, Sialkot, and the status quo order was recalled on 15-6- 20009. It is further contended that during the police investigation only bricks were used by both the parties. It is added that his co-accused has been granted bail with similar role by the learned Additional Sessions Judge 30-6-2009. Further offence 452, P.P.C. Has been deleted during the investigation and according to the Medical Board the injury 337-F was found to be one under section 337-L(ii) which is bailable offence. 3. The learned DPG has vehemently opposed the bail petitioner of the petitioner on the ground the case of his co-accused namely Muhammad Akram who has granted bail lay the learned Additional Sessions Judge is distinguishable therefore he is not entitled to the bail. 4. I have heard the arguments of the learned counsel for the parties and have perused the record. 5. In the present case a civil suit was filed by the complainant in which status quo order was recalled on 15-6-2009. During the police investigation only bricks were used by both the parties. Co-accused of the petitioner has also been granted bail with similar role by the learned Additional Sessions Judge. Section 452, P.P.C. Has been deleted during the investigation. In these
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circumstances the petitioner has made omit a case for confirmation of bail granted to him on 12- 10-2009 which is confirmed subject to his fresh surety bond in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of learned trial Court.