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2008 MLD 1424

ABDUL RASHEED and another vs THE STATE

Petitioner: ABDUL RASHEED and another VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 2006-02-27

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Muhammad Farrukh Mehmood Title: ABDUL RASHEED and another vs THE STATE Case No.: Criminal Miscellaneous No. 4-B of 2006/BWP Date of Judgment:2006-02-27 Reported As: 2008 MLD 1424 Result: Bail refused

Judgment ORDER ' MUHAMMAD FARRUKH MAHMUD, J.---The petitioners have sought their post-arrest bail in case F.I.R. No.299, registered at Police Station Liaqatpur District Rahim Yar Khan, for offences under sections 324/336/337-A(ii)/337-L(ii)/337-F(v), P.P.C. 2. The allegation against the petitioners is that they along with other accused launched criminal assault upon the complainant party and caused injuries to Riaz Ahmad-complainantas well as Muhammad Rafiq, Muhammad Irfan, Muhammad Rehan P.Ws. 3. The learned counsel for the petitioners submits that a very large let has been thrown by the complainant, that the injuries attributed to the petitioners were not only simple but where also non-specific that the intention to kill is prima facie ruled Out as allegedly wrong side of the atchet was used by the accused/petitioners. 4. Conversely the learned counsel for the complainant and the learned counsel appearing on behalf of the State have opposed this application and have argued that four persons have received serious injuries at the hands of accused. The learned counsel have pointed out that injury on the temporal region of the head of Muhammad Rehan resulted into fracture and that due to the said injury he suffered right sided fiscal palsy. 5. I have heard the learned counsel for the parties and gone through the record. It has been noticed that Riaz Ahmad-complainant received a sharp-edged injury on his head, which caused fracture, the complainant and P.Ws. Sustained 16 injuries on their persons, furthermore certified copy of the order, dated 3-2-2006 passed by the learned Trial Court reveals that all the witnesses were present and statement of the complainant was recorded but the case had to be adjourned

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on the request of the learned counsel for the accused/petitioner's. I am not inclined to admit the petitioners to bail. Hence this petition stands disposed of.

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