MUHAMMAD ISMAIL AND 2 Others vs THE STATE — 1970 PCRLJ 180

Citation: 1970 PCRLJ 180

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-31

Parties: MUHAMMAD ISMAIL AND 2 Others vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 180

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: MUHAMMAD ISMAIL AND 2 Others vs THE STATE Case No.: Criminal Miscellaneous No. 4414 of 1969 Date of Judgment:1969-07-31 Reported As: 1970 P Cr. L J 180 Result: Bail allowed Judgment ORDER Two cross-cases were reg1stered in respect of the same occur--rence in which members of both sides were injured. The Investigating Officer states that the case is still pending investi--gation and the Police has not been able to finally decide as to which party is the aggressor and which is the aggrieved. 2. Learned counsel appearing on behalf of the State opposes the confirmation of the interim bail already allowed to the peti--tioner on the 25th of July 1969, on the ground that there is nothing to indicate that the petitioners were either placed under restraint or had imminent apprehension of arrest. Reliance is placed in this regard on Crown v. Khushi Muhammad (PLD1953 FC 170), and Sadiq Ali v. The State (PLD 1966 SC 589), in which Hadayat Ullah Khan v. The Crown (PLD 1949 Lah. 21), a Full Bench authority, was cited with approval. 3. On the contrary the learned counsel for the petitioner contends that out of eight accused only three petitioners have approached this Court for bail before arrest for the reason that they had allegedly fired rifle shots at Sher Khan causing him injuries and their apprehension by the Police was imminent. 4. A perusal of the Medico-legal Report showing pellet shots injuries on the person of…

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