Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD YASEEN VS Respondent: THE STATEHonorable Justice Muhammad Farrukh MahmudKhan Dil Muhammad Khan Arzai,Khan Abdul Waheed Khan Tareen
2004 P Cr
2004 P Cr. L J 325
[Lahore]
Before Muhammad Farrukh Mahmud, J
MUHAMMAD YASEEN---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No. 1208/13 of 2002, decided on 3rd June, 2002.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss.337-A(i) & (ii)/337-F(i) (iii)/34---Bail, grant of---Accused and his co-accused, according to the F.I.R., had caused injuries on face, left foot and other parts of the body of the complainant---Accused also allegedly caused injuries on the right hand finger and palm of complainant- --Except injury on nose of the complainant, rest of injuries were simple in nature and same had not, been specified as to who had caused them---Allegations against accused and co-accused were .similar in nature ---Co-accused having already been granted bail, accused also deserved his release on bail on the principle of consistency---Accused was admitted to bail, in circumstances.
Khan Dil Muhammad Khan Arzai for Petitioner.
Khan Abdul Waheed Khan Tareen for the State.
Date of hearing: 3rd June, 2002.
ORDER
Muhammad Yasin son of Fateh Muhammad, petitioner, has sought his post-arrest bail in case F. I. R. No.56 of 2002 registered at Police Station Jampur, District Rajanpur, on 30-1-2002, under sections 337-A(i) and (ii)/337-F(i) and (iii)/34, P.P.C.
2. According to F.I.R., the complainant was overpowered by, the petitioner and three other accused. Thereafter the petitioner and Muhammad Ismail, who were armed ,with Chhuris (knives) caused injuries on the person of the complainant.
3. The petitioner was arrested in this case on 28-3-2002 and is in judicial lock-up.
4. I have heard the learned counsel for the parties and gone through the record. According to F.I.R. Muhammad Yasin petitioner and Muhammad Ismail accused caused injuries on the face, left foot and, other parts of the body of the complainant. It is added in the F.I.R. that Muhammad Yasin, petitioner also caused injuries on the right hand finger and palm of the complainant. Except injury on the nose, the rest of the injuries are simple in nature and the same have not been specifies as to who caused the same. The allegation against the petitioner and Muhammad Ismail are similar in nature. Muhammad Ismail, co-accuses has already been granted bail by the learned Additional Sessions Judge, Jampur, vide order, dated 24-4-2002, that order has not been challenged so far. A perusal of the order passed by the learned Additional Sessions Judge shows that he has wrongly attributed the injury on the nose of the complainant to Muhammad Yasin petitioner. As according to F.I.R., which is based on the statement of the complainant, the injuries on the face, right foot and the other parts of the body are attributed to Muhammad Yasin and Muhammad Ismail without any specific attribution. The petitioner also deserves his release on bail on the principle of consistency. In these circumstances, I allow this petition and admit the petitioner to bail, subject to his tendering bail Bonds in the sum of Rs.fifty thousand, with one surety in the like amount to the, satisfaction of the trial Court.
H.B.T./M-2407/L Bail granted.