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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FAKHAR HUSSAIN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: FAKHAR HUSSAIN vs THE STATE Case No.: Cr1. Miscellaneous No,8693-B of 2004 Date of Judgment:2004-12-06 Reported As: 2005 YLR 1054 Result: Bail granted
Judgment ORDER ' It is contended by the learned counsel for the petitioner that in all there were nine accused, five were named in the F.I.R. While four were unknown, that nobody was injured except two cattle were injured while one cattle died, that petitioner was found innocent, discharge report was prepared but the learned Magistrate did not agree with the said report, that no recovery was effected from him and his case is of further inquiry falling under sub-Clause 2 of section 497, Cr.P.C. 2. Learned State counsel submits that 70 crime empties were recovered from the spot, that petitioner was present at the spot but police had declared him innocent. 3. I have heard learned counsel for the parties and have also gone through the F.I.R. It is correct that the police along with one Nazar Hussain co-accused declared the petitioner innocent but he was named in the F.I.R. Along with co-accused, no recovery was effected from him, no human being was injured one cattle had died and two were injured, he was found innocent, application was submitted for the discharge of the petitioner but learned Magistrate did not agree with the said report of discharge. To my mind, case of the petitioner is of further inquiry falling under sub-Clause 2 of section 497, Cr.P.C. Therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs,50,000 (Fifty thousand) with one surety in the like-amount to the satisfaction of trial Court.