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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AFZAL VS Respondent: THE STATE
1988 M L D 627
1988 M L D 627
[Lahore]
Before Sardar Muhammad Dogar, J
MUHAMMAD AFZAL‑‑Petitioner
versus
THE STATE‑ Respondent
Criminal Miscellaneous No. 1768/13 of 1988, decided on 25th June, 1988.
Criminal Procedure Code (V of 1898)‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307 & 452/34‑‑Bail, grant of‑‑Rule of consistency‑‑Accused attributed fire hitting no one‑‑Co‑accused causing injury to complainant and another co‑accused with similar allegation already released on bail‑‑Following the rule of consistency bail was granted.
Abdur Rashid Qureshi for Petitioner.
Nemo for the State.
ORDER
Petitioner seeks bail in the case registered against him and others under section 307/452/34, P.P.C. at Police Station Malikwal, District Gujrat on 22‑11‑1987, vide F.I.R. No. 831.
The occurrence is stated to have taken place on the same day at 12.00 mid‑night.
2. According to F.I.R. the petitioner armed with a gun, accompanied by his co‑accused, had entered the house of the complainant after scaling over a wall. The shot fired by Riaz co‑accused of the petitioner had struck the complainant while the first shot fired by the petitioner had hit a wall and the second shot fired by him had hit Mumrez his co‑accused.
3. Motive for the occurrence was litigation between the complainant and relatives of the accused.
4. Riaz co‑accused of the petitioner, who according to F.I.R. had caused injury to the complainant (the only person who had suffered injury from the complainant side) was granted bail vide order dated 15‑5‑1988. Mumrez co accused of the petitioner, according to learned counsel has been allowed bail by learned Additional Sessions Judge.
The part assigned to the petitioner of having fired a shot at the complainant, which after missing, had struck the wall, is similar to that of Mumrez. The case of the petitioner is on a better footing than that of co‑accused Riaz. The petition for bail of the petitioner is, therefore, allowed, following the rule of consistency. He shall be released on bail, provided he furnishes bail bond in the sum of rupees twenty thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Mandi Bahauddin/trial Court.
SA./M‑796/L
Bail granted.