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1994 PCRLJ 2489

MUHAMMAD ASHIQ VS STATE

Petitioner: MUHAMMAD ASHIQ VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 2489

[Lahore]

Before Muhammad Amir Malik, J

MUHAMMAD ASHIQ---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No. 923/B of 1992, decided on 31st August, 1992

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S.324/427/148/149---Bail, grant of-- Occurence did not appear to have taken place as mentioned in the F.I.R.---Injury suffered by prosecution witness was simple---Long-standing enmity existed between the parties---Accused was admitted to bail in circumstances.

Altaf Ibrahim Qureshi for Petitioner.

Malik Muhammad Naeem Iqbal for the State

ORDER

F.I.R. has been read out in Court. 12 persons including the petitioner, all armed with fire-arms like klashinkovs, rifles etc. assaulted Muhammad Aslam complainant and his companion at the dead of night who were in a car and indulging in firing. According to the F. I. R. the car was badly damaged. It is also in the F.I.R. that the complainant party also fired in self-defence. The injury to Sher Muhammad P.W. is simple. Had the firing been done at a moving A car, then there would have been more damage to the occupants as well prima facie particularly when the petitioner was also firing with klashnikov. There is long-standing enmity between the families. In view of these facts allowed bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of the trial Court.

N.H.Q./M-1775/L Bail allowed.

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