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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FAYYAZ AHMAD VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 2564
[Lahore]
Before Rashid Aziz Khan and Muhammad Amir Malik, JJ
FAYYAZ AHMAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1373/B of 1994, decided on 3rd July, 1994.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S. 302/324/511/411/148/149/ 365/379---Bail---Accused was armed and had fired at a witness causing him simple injury---Accused, in case of compromise, could move the Trial Court for appropriate order---Bail was declined to accused in circumstances.
Syed Raza Hussain Naqvi for Petitioner
Saleem Shad for the State.
Date of hearing: 3rd July, 1994.
ORDER
MUHAMMAD AMIR MALIK, J.--- Fayyaz Ahmad petitioner seeks bail in a case registered with Police Station Wazirabad, District Gujranwala vide F.I.R., dated 4-1-1992 for offences under section 302/324, Qisas and Diyat Ordinance and 511/411/148/149/365/379, P.P.C. The petitioner had applied for bail earlier as well, which was dismissed by this Court on 15-5-1993. This is second application seeking bail.
2. Learned counsel for the petitioner contended that the case against the petitioner was registered on 4-1-1992 and since then he is behind the bars, yet the trial has not commenced. Submits that there is no likelihood of the commencement of the trial in the near future because one of the co-accused has filed a writ petition in the High Court seeking transfer of the case. Argued that the role ascribed to the petitioner is that he fired at a P.W. causing him simple hurt. Now there has been a compromise and the said injured witness has forgiven the petitioner. Learned counsel for the State opposed the contentions.
3. We have heard the learned counsel at length and gone through the file. The petitioner was armed and had fired at a witness causing him simple injury. As far as the question of compromise is concerned, the petitioner may A move an application before the trial Court who shall record the same and pass an appropriate order on it. No ground for bail at this stage is made out. The petition fails, which is dismissed.
N.H.Q./F-166/L Bail refused.