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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHAFQAT BARI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Falak Sher Title: SHAFQAT BARI vs THE STATE Case No.: Criminal Miscellaneous No,629/B of 1994 Date of Judgment:1994-02-22 Reported As: 1994 MLD 1311 Result: Bail allowed
Judgment ORDER ' Bail is being sought in the case registered vide F.I.R. No,210 of 22-10-1993 under section 302/344/109/34, P.P.C. At Police Station New Anarkali, Lahore alleging the murder of Muhammad Anwar by police torture while under investigation as a suspected accused of the case reported vide F.I.R. No,167 of 17-6-1993 under section 302, P.P.C. At Police Station Manga, Lahore, by the within named petitioner's subordinate staff under his personal supervision and participation. 2. Contending non-ascription of any particularised injury to the petitioner, the offence charged has been modified to section 316 ibid though in the identical cases viz. F.I.Rs, No,117 of 12-4-1993 at Police Station Muridke, District Sheikhupura and No,85 of 29-3-1993 at Police Station Civil Lines, Lahore, the offences were altered to section 319 ibid which at the most attracts 5 years' imprisonment thus is patently demonstrative of mala fide of the A prosecution for extraneous consideration and with the submission of the challan is no more required by the investigating agency. 3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story. 4. Prima facie, not only the contentions urged by the learned counsel for the petitioner constitute sufficient grounds for further enquiring into his involvement in the offence charged but also with the submission of challan is no more required by the investigating agency; consequently, is allowed bail upon furnishing bond in the sum of Rs,25,000 with two sureties each in the like amount to the satisfaction of the trial Court or A.C. City, Lahore.