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Petitioner: MUHAMMAD SHABBIR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Amir Malik Title: MUHAMMAD SHABBIR vs THE STATE Case No.: Criminal Miscellaneous No, 1478/B of 1993 Date of Judgment:1993-05-05 Reported As: 1993 MLD 2328 Result: Bail refused
Judgment ORDER ' Muhammad Ilyas son of Muhammad Yasin deceased while working on a trolley transporting earth to the plot of Mehnga co-accused was given Sota blows as the tractor had hit the wall damaging it. Over this motive Yasin deceased went to Mehnga to complain as to why Ilyas had been injured/maltreated and before he could reach Mehnga raised Lalkara. Shabbir petitioner, Mehnga and Khalil armed with Sotas and Muhammad Jalil with .12 bore gun assaulted. The opening shot fired by Jalil hit Yasin in the abdomen who fell down. When Ashraf and Ashfaq P.Ws. went forward the former was given a Sota blow by Jalil and the latter a Sota blow by Shabbir petitioner. .Yasin in injured condition was carried to hospital at Kamoke and then to Civil Hospital, Gujranwala and on way to Hospital at Lahore expired. The occurrence took place at 3-30 p.m. on 29-8-1992 and matter reported to the police the next day at 8-00 a.m. by Abdur Rashid complainant. 2. Contentions raised are that the F.I.R. was delayed by 17 hours, the medical evidence contradicted the eye-witness account vis-a-vis the petitioner and furthermore he was a peon in District Council, Gujranwala and was not present in the occurrence. The injured was carried firstly to local hospital, then to Gujranwala and then on way to Lahore he expired. The family must have been engaged in saving the life of the deceased and so late lodging of the F.I.R. at this stage would be making no difference. A Sota blow is ascribed to the petitioner and the only contradiction pointed out is that instead of left shoulder the injury is on the left elbow of Ashfaq, P.W. This too is not very material at this stage. The plea of alibi was raised but has not been accepted by the police. In the circumstances, there is no ground for bail. The petition is dismissed.