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Petitioner: ABDUL QADEER KHAN and 2 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Syed Shabbar Raza Rizvi Title: ABDUL QADEER KHAN and 2 others vs THE STATE Case No.: Criminal Miscellaneous No, 6990/B of 2008 Date of Judgment:2008-09-17 Reported As: 2010 YLR 2664 Result: Bail refused
Judgment ORDER ' SYED SHABBAR RAZA RIZVI, J.---The learned counsel seeks pre-arrest bail of the petitioners who stand implicated in F.I.R. No,150 of 2008, dated 16-5-2008, under sections 447, 511, 337- H(ii), 379, 148 and 149, P.P.C., registered at Police Station, Ghar Maharaja, District Jhang. 2. Briefly, according to the F.I.R. On 11-5-2008, while the complainant was working on his land, petitioners trespassed and started firing, he could save his life barely while hiding himself in the poultry farm. The petitioners/accused also took away his mobile phone and Rs.5200. The earlier bail application for pre-arrest was dismissed by this Court on 30-7-2008 on account of non- prosecution. Likewise, their bail was also refused on 13-6-2008 by the learned Additional Sessions Judge, Shorkot on account of non-prosecution. The above two orders show that petitioners have been misusing extraordinary concession of pre-arrest bail. Even otherwise, petitioners are named in the F.I.R with a specific role. Prima facie, there is no element of mala fide. Their first bail application was dismissed by the learned Additional Sessions Judge on 30-6-2008 but in spite of A surrendering themselves, petitioners had been playing hide and seek by filing, application for pre- arrest and then not appearing as narrated above. 3. For the above reasons, this bail application is dismissed.
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