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1994 PCRLJ 2565

MOHABBAT ALI VS STATE

Petitioner: MOHABBAT ALI VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 2565

[Lahore]

Before Mrs. Nasira Iqbal, J

MOHABBAT ALI ---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.3357` of 1994, decided on 22nd August, 1994.

Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), S. 302/324/452/148/149---Bail, grant of---Accused who had been attributed a fire-arm injury to a prosecution witness had been placed in Column No.2 of the challan---Case against accused in circumstances appeared to be one of further inquiry---Accused was granted bail accordingly.

Khadim Hussain Bhatti for Petitioner.

Pervaiz Inayat Malik for the State.

Date of hearing: 22nd August, 1994.

JUDGMENT

This bail application under section 497, Criminal Procedure Code has been filed by Mohabbat Ali son of Muhammad Khalil, caste Rajput resident of Bhoroki Virkan, Police Station Sadar, Kamokey, District Gujranwala, who has been arrested in respect of investigation of F.I.R. No.103/93, dated 14-4-1993 under sections 302, 324, 452, 148 and 149, P.P.C. registered at Police Station Sadar, Kamokey, District Gujranwala.

2. The role attributed to the petitioner in the F.I.R. is that he has caused fire-arm injury to Riasat Ali injured P.W. The learned counsel for the petitioner that the same injury has also been attributed to Abdul Wakeel co-accused contends it. It is further contended that the name of the petitioner has been placed in Column No.2 of the challan.

3. The learned counsel on behalf of the State submits that the challan has been completed and record of the case has been submitted to Sessions Court for trial. However, respondent No.3, S.I. Police Station Sadar, Kamokey, District Gujranwala, has confirmed that the name of the petitioner, Mohabbat Ali, has been placed in Column 2 of the challan.

4. In these circumstances, this appears to be, a case of further inquiry. B The petitioner is granted bail, subject to his furnishing bail bonds in the, amount of one hundred thousand rupees with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Gujranwala.

N.H.Q./M-1824/L Bail granted.

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