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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GULSHAIR alias GUL MUHAMMAD VS Respondent: THE STATE and another
Court Name: Lahore High Court Judge(s): Rana Zahid Mahmood Title: GULSHAIR alias GUL MUHAMMAD vs THE STATE and another Case No.: Criminal Miscellaneous No,2482/B of 2008 Date of Judgment:2008-11-04 Reported As: 2009 YLR 927 Result: Bail allowed
Judgment ORDER ' RANA ZAHID MAHMOOD, J.--This is post-arrest bail application after its rejection by the learned Additional Sessions Judge, Muzaffargarh, vide order dated 11-7-2008, in case F.I.R. No,87/2008, dated 16-3-2008 registered under sections 324/337-H(ii), 148/149, P.P.C. At Police Station Qureshi, Tehsil and District Muzaffargarh, wherein it is alleged that petitioner after the fire with .12 bore gun on the complainant by Muhammad Iqbal co-accused also fired at the complainant which hit him on different parts of body. 2. Learned counsel for the petitioner has submitted that in the police investigation petitioner has been found innocent even by the DSP vide Zimni No,11, dated 20-6-2008 and the finding is that he had not fired on the complainant and was empty handed, however, was simply present at the scene of occurrence. The learned counsel, therefore, submitted that case against the petitioner requires further inquiry and he is entitled to bail and referred to 2008 YLR 1964. ' Learned Additional Prosecutor-General has opposed the bail application and submitted that petitioner is specifically named in the F.I.R. And offence falls within prohibitory clause. 4. I have heard learned counsel for the parties and also perused the record. 5. The police has come to the conclusion during investigation that petitioner was neither armed nor fired on the complainant and it was only one gun fire shot on the complainant by Muhammad Iqbal co-accused and pellets had hit the complainant on various parts of his body; whereas through loose net the petitioner has been involved falsely. However, he was simply present at the scene of occurrence. Case law referred to above is applicable on all fours to the case in hand. Case against the petitioner requires further inquiry. This petition is, therefore, accepted and the
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petitioner is granted bail subject to his furnishing bail bond in the sum of Rs,Fifty thousands with one surety in the like amount to the satisfaction of the trial Magistrate.