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1992 MLD 2369

GHULAM AKBAR ALIAS ABARI VS THE STATE

Petitioner: GHULAM AKBAR ALIAS ABARI VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1992 M L D 2369

1992 M L D 2369

[Lahore]

Before Munir A. Sheikh, J

GHULAM AKBAR alias ABARI‑‑‑Petitioner

versus

THE STATE‑‑‑Respondent

Crl. Misc. No.275‑B of 1992, decided on 14th March, 1992.

Criminal Procedur6 Code (V of 1898)‑---

‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.324/34/109‑‑‑Bail, grant of‑‑ Investigating Officer had declared the accused as innocent‑‑‑Neither any carbine was recovered from the accused nor any injury had been attributed to r him‑‑‑A cross‑complaint had also been filed by the accused party‑‑‑Case of accused fell under S.497(2), Cr.P.C. in circumstances and he was admitted to bail accordingly.

Sardar Faiz Muhammad Khan Khosa for Petitioner.

Sh. Nasim Rashid for the State.

Date of hearing: 14th March, 1992.

ORDER

The petitioner seeks bail in a case registered through FIR No.207/9: dated 19‑11‑1991 under section 324/34, Qisas and Diyat, Ordinance read wit Section 109, P.P.C. with Police Station Kot Addu, District Muzaffargarh, for causing injuries to Javaid Iqbal. Alongwith the petitioner Javaid Alam, Akht& Hussain and Mujahid Iqbal have also been named as co‑accused. Mujahid Iqbal alias Billa is stated to have abetted the offence but he has been declared innocent and was not challaAe d. Javaid Alam was allegedly armed with gun and the present petitioner with carbine. Akhtar Hussain was allegedly armed with Soti who has been bailed out. The Investigating Officer declared the petitioner as innocent. Carbine was not recovered from him nor any injury has beer attributed to him. According to the facts stated in the FIR the fight took place between the two groups on the dispute of parking of Wagons at the Wagor Stand. According to the Investigating Officer the fight took place at the Wagon Stand of the accused party who has also filed a cross‑complaint.

2. The case of the petitioner falls under section 497(2), Cr.P.C., therefore, he is allowed bail in the sum of Rs.25,000 (Rupees twenty five thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Kot Addu. The bail application is disposed of.

N.H.Q./G‑84/L Bail allowed.

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