FARMAN ALI SHAH AND 3 Others vs THE STATE — 1973 PCRLJ 217

Citation: 1973 PCRLJ 217

Court: Lahore High Court

Year: 1971

Decision Date: 1971-05-06

Parties: FARMAN ALI SHAH AND 3 Others vs THE STATE

Headnotes

Case cited as 1973 PCRLJ 217

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: FARMAN ALI SHAH AND 3 Others vs THE STATE Case No.: Criminal Miscellaneous No. 768-B of 1971 Criminal Appeal No. 106 of 1970 Date of Judgment:1971-05-06 Reported As: 1973 P Cr. L J 217 Result: N/A Judgment ORDER A case was registered under section 302 read with section 34, P. P. C. On 16-12-1970 at Garb Maharaja Police Station in connection with murder of one Abid Hussain who died in an occurrence, which took place in village Uch Gul Imam. The allegation against the accused was that one of them, namely Farman Ali Shah was armed with a gun and he fired at the deceased. His co- accused namely Sher-Ali Shah Imdad Ali Shah and Muhammad Taqi Shah were empty-handed. Only a Lalkara was attributed to them. No other overt act was assigned to them. Under the circumstances the petition with regard to Farman Ali Shah was dismissed and admitted with respect of the remaining three petitioners. 2. I have heard learned counsel for the petitioners and learned counsel for the State. In view of the fact that no overt act has been attributed to Sher Ali Shah, Imdad Ali Shah and Muhammad Taqi Shah and only a proverbial lalkara has been attributed to them, in view of the decision of the Supreme Court in Criminal Appeal No. 106 of 1970 (Lal and another v. The State) I allow their application and direct that they be released on bail in the sum of Rs. 20,000 (Twenty thousand) each with one surety each in the like amount to the…

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