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Petitioner: MUHAMMAD UMAR VS Respondent: StateHonorable Justice M.A. Shahid SiddiquiHaji Muhammad Rehman Khokhar,Mrs. Asiya Abbasi,Mrs. Asiya Abbasi
2005 Y L R 1559
2005 Y L R 1559 [Lahore] Before M.A. Shahid Siddiqui, J MUHAMMAD UMAR---Petitioner versus THE STATE---Respondent Criminal Miscellaneous No.1800-B of 2004, decided on 6th July, 2004.
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 337-H(ii) & 34---Bail, grant of---Further inquiry---Accused allegedly had made ineffective firing---Participation of accused in occurrence required further probe and inquiry---Two co-accused were found innocent upon which complainant had moved a complaint to the Justice of the Peace---Both said co-accused were still at large---Accused was admitted to bail, in circumstances.
Haji Muhammad Rehman Khokhar for Petitioner. Mrs. Asiya Abbasi for the State. Date of hearing: 6th July, 2004.
JUDGMENT 1. Muhammad Umar son of Ibraheem Munir along with Umar Farooq and Muhammad Usman, co-accused is involved in case under section 324/337-H(ii)/34, P.P.C. registered at Police Station City Burewala vide F.I.R. No.41/2004 dated 7-2-2004. 2. According to the F.I.R. on 7-2-2004 at about 10-30 a.m. Abdul Rehman, complainant while coming back from Burewala Courts stayed at Masoom Shah Chowk and sat with his brother Haji Muhammad Sharif where Khalil Hussain and Muhammad Shahid, P.Ws. were also sitting. At about 10-30 a.m. the above named three accused came on two motorcycle. Umar Farooq co-accused and Muhammad Umar, petitioner were armed with .30 bore pistol. Umar Farooq fired at Khalil Hussain twice with his pistol hitting Khalil Hussain in his abdomen. Muhammad Umar, petitioner, allegedly made firing in the air. 3. Heard. Record perused. 4. Umar Farooq and Muhammad Usman were found innocent. Upon which the complainant moved a complaint to Justice of Peace. However, both the accused are still at large. The petitioner has allegedly made ineffective firing. His participation in the occurrence requires further probe and inquiry. He is, therefore, ordered to be released on bail subject to furnishing of bail bond in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of Illaqa Magistrate/Duty Magistrate.
H.B.T./M-943/L Bail granted.