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Petitioner: RAB NAWAZ VS Respondent: StateHonorable Justice Muhammad Nawaz BhattiMalik Muhammad Usman Bhatti,Yousaf Said
2005 Y L R 1858
2005 Y L R 1858
[Lahore]
Before Muhammad Nawaz Bhatti, J
RAB NAWAZ---Petitioner
Versus
THE STATE--Respondent
Criminal Miscellaneous No.286-B of 2005, decided on 7th March, 2005.
Criminal Procedure Code (V of 1898)---
----S.497---Penal Code (XLV of 1860), S.302/34---Bail, refusal of---Specific role, of committing the murder of the deceased by firing of Klashnikov was attributed to accused---Both the parties had been challaned and were facing the trial---Case of accused at this stage was not fit for bail---Accused was refused bail accordingly.
Malik Muhammad Usman Bhatti for Petitioner.
Yousaf Said for the State.
Nazir Ahmad, A.S.-I. with Record.
ORDER
Through this petition Rab Nawaz petitioner has sought his post-arrest bail in case F.I.R. No.90 of 2004 dated 19-7-2004 registered under section 302/34, P.P.C., at Police Station, Kala District Dera Ghazi Khan on the complaint of one Abbas,
2. Learned counsel for the petitioner contends that regarding same occurrence, cross-version was got recorded by Ghulam Siddique i.e. from petitioner's side against Abbas, Niaz Hussain and Ajmal were involved for committing the murder of Sajjad Hussain. Learned counsel further submits that petitioner, was not aggressor and in fact the other side was the aggressor. That case against the petitioner is false and fabricated and. he is innocent. That investigation of the case has been completed and petitioner is no more required by the Investigation Agency and the petitioner is previously non-convict.
3. On the other hand learned counsel appearing on behalf of 'the State has vehemently opposed the bail petition and submitted that specific role has been attributed of firing to Rab Nawaz petitioner at Niaz Hussain resulting thereby, his death and that Kalashniko has been recovered from the petitioner and case against the petitioner also falls within prohibitory clause.
4. I have heard learned counsel for the parties and carefully perused the record. Both the parties have been challaned and are facing trial. Specific role has been attributed to the petitioner of committing the murder of Sajjad Hussain by firing of Kalashnikov. Without going into the further merits of the case, I feel that at this stage it is not a fit case for bail hence, the same is hereby dismissed.
N. H. Q./R-127/L Bail refused.