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Petitioner: ATHAR SHAHZAD PAPOO VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Asif Jan Title: ATHAR SHAHZAD PAPOO vs THE STATE Case No.: Criminal Miscellaneous No. 1004-B of 1996 Date of Judgment:1996-06-04 Reported As: 1997 MLD 1335 Result: Pre-arrest bail refused
Judgment ORDER Athar Shehzad petitioner seeks the extraordinary concession of bail before arrest in a case registered against him and others vide F.I.R. No.350 of 1995, dated the 12th of December, 1995, under section 337-F(ii)/337-F(iv)/ 337-A(ii)/148/149, P.P.C. At Police Station Gaggo,. District Vehari, on the ground that there is a delay in lodging the F.I.R. And that at any rate the case against the petitioner is false. 2. The specific allegation against the petitioner is that he caused an injury on the right arm and also on the left hand of Muhammad Sharif complainant with a scythe as a result of which amputation had to be carried out. 3. The extraordinary concession of bail before arrest has to be granted with great care and caution. The discretion has to be exercised with utmost care and the underlying principle is that neither the case of the prosecution nor the case of the defence should be prejudged and prejudiced as has been laid down by my Lord Mr. Justice Sajjad A.I Shah, the present Chief Justice of Pakistan in the case of Sarwar Sultan v. The State and another (PLD 1994 SC 133). 4. There is no merit in this petition, which is dismissed.