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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD IQBAL VS Respondent: StateHonorable Justice Muhammad Nawaz BhattiMalik Muhammad Lateef Khokhar,Sabir Ali Qureshi
2005 Y L R 1667
2005 Y L R 1667
[Lahore]
Before Muhammad Nawaz Bhatti, J
MUHAMMAD IQBAL---Petitioner
Versus
THE STATE---Respondent
Cr. Miscellaneous No.3954-B of 2004, decided on 28th March, 2005.
Criminal Procedure Code (V of 1898)---------
------S. 497---Penal Code (XLV of 1860), Ss.302, 324 & 34---Bail, refusal of-- Accused had been ascribed fatal injury to deceased during investigation---Deeper appreciation of facts was not permissible at bail stage---Recovery of pistol had been effected from accused---Challan had been submitted in the Court---Bail petition, was dismissed, in circumstances.
Malik Muhammad Lateef Khokhar for Petitioner.
Qazi Khalid Pervaiz for the Complainant.
Sabir Ali Qureshi for the State.
Muhammad Mansha, S.-I.
ORDER
The petitioner seeks bail after arrest in case F.I.R. No. 181 dated 29-5-2004 registered under sections 302, 324 and 34, P.P.C. at police Station, Kassowal District, Sahiwal.
2. The allegation against the petitioner Muhammad Iqbal is that he fired with his .12-bore gun which hit Mst. Hajran Bibi on her chest and resulted into her death.
3. It is contended by learned counsel for the petitioner that according to the F.I.R. no, injury is attributed, to the petitioner and only ineffective firing is assigned to him; that Sadiq co-accused actually fired upon his sister in order to involve the petitioner and that there are two versions on record, one assigned to Sadiq and the other has been alleged against the petitioner, which requires further probe.
4. On the other hand, learned counsel for the State assisted by learned counsel for the complainant opposed the bail application on the ground that fatal injury has been ascribed to the petitioner; that recovery of pistol has been effected from the petitioner and that challan has been submitted in Court.
5. The petitioner has been ascribed fatal injury to Mst.Hajran Bibi deceased during, investigation. At this bail stage, deeper appreciation of facts is not permissible. Recovery of pistol has been effected from the petitioner. Challan has been submitted in Court. In view of the circumstances of the case, this petition is dismissed.
H.B.T./M-973/L Bail petition dismissed.