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Official Citation: 2024 YLR 363
Court / Jurisdiction: Lahore High Court
Year of Decision: 2023
Decision Date: 2023-03-08
Parties: Asghar vs The State and another
Ruling Summary: This decision was rendered by the Lahore High Court on 2023-03-08, officially reported as 2024 YLR 363. In this matter between Asghar and The State and another, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024 YLR 363
Court Name: Lahore High Court Judge(s): Tariq Saleem Sheikh Title: Asghar vs The State and another Case No.: Criminal Miscellaneous No. 9150-B of 2023 Date of Judgment:2023-03-08 Reported As: 2024 YLR 363 Result: Bail confirmed
Judgment
ORDER TARIQ SALEEM SHEIKH, J. Through this application the Petitioner seeks pre-arrest bail in case FIR No.352/2022 dated 28.11.2022 registered at Police Station Kur, District Faisalabad, for offences under sections 337-F(v)/337-L(2)/I48/149, P.P.C. 2. Briefly, the prosecution case is that on 24.11.2022 at about 10:30 a.m. the Petitioner and his co- accused formed an unlawful assembly and, in furtherance of its common object, attacked the complainant party. As a result, two persons were injured. 3. Arguments heard. Record perused. 4. The Complainant lodged the FIR with a delay of four days for which he has not furnished any explanation. The said delay indicates consultation and deliberation on his pan. 5. This is a case of two versions. The Petitioner has lodged a cross-version claiming that the Complainant and his companions were the aggressors. The fact that in the FIR the Complainant has suppressed the injuries received by the other side shows that it does not contain the whole truth. It would be determined at the trial after recording evidence as to which party was the aggressor. Hence, further inquiry is required to determine the Petitioners' guilt. Reliance is placed on Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others (1996 SCMR 1845) and Muhammad Ramzan v. The State and others (2016 SCMR 2046). 6. In view of the foregoing, this application is accepted. Ad-interim pre-arrest bail already granted to the Petitioner is confirmed subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial court.