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Petitioner: MUHAMMAD IRSHAD VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): M. Javed Buttar Title: MUHAMMAD IRSHAD vs THE STATE Case No.: Criminal Miscellaneous No,712/B of 1997 Date of Judgment:1997-08-25 Reported As: 1999 P Cr. L J 1012 Result: Petition dismissed
Judgment ORDER ' The petitioner Muhammad Irshad is seeking post-arrest bail in case F.I.R. No,27 of 1996, dated 13-2- 1996 registered at Police Station Saddar Burewala for the offences under section 302/334/337- F1(iii)/337-L for an occurrence alleged to have taken place on 12-2-1996 at 11-00 a.m. In which Mst. Ramzan Bibi, the mother of the complainant, Muhammad Sarwar, got killed by blunt weapon with the fatal injury on the head attributed to the petitioner. 2. The challan has been submitted against the petitioner in Court on 12-4-1997. Learned Additional Sessions Judge, Burewala dismissed the petitioner's application for the grant of bail on 17-3-1997. 3. It is contended by the learned counsel for the petitioner that the complainant party is the aggressor party and on the same day for the same occurrence, F.I.R. No,25 of 1996 was registered at the instance of the petitioner under section 302/34, P.P.C. For the murder of Muhammad Tufail, brother of the petitioner, the occurrence took place in the field owned by the petitioner, it is a two version case which makes it a case of further inquiry, the belated recovery of hatchet is inconsequential, mala fide of the police is apparent from the fact that in F.I.R. No,25 of 1996, the police failed to make any arrest and only one accused has been arrested so far, the petitioner is behind the bars for the last 17/18 months and in view of the fact that it is a two version case, he is entitled to the grant of bail. 4. Learned counsel for the State and the complainant have vehemently opposed this application and have submitted that the petitioner is nominated in the F.I.R. With specific role attributed to him and the allegation of repeated blows has been levelled against the petitioner and the fatal injury to the deceased Mst. Ramzan Bibi is also attributed to him.
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5. I have heard the learned counsel for the petitioner, the State, the complainant and have also seen the record. 6. The petitioner is ascribed fatal injury to Mst. Ramzan Bibi, a female,' A and prima facie there are reasonable grounds to believe that the petitioner is connected with the offence charged and in these circumstances I am not inclined to enlarge the petitioner on bail. The application is, therefore, dismissed.