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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FALAK SHER VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: FALAK SHER vs THE STATE Case No.: Criminal Miscellaneous No,912-B of 2006 Date of Judgment:2006-03-09 Reported As: 2006 MLD 1040 Result: Bail refused
Judgment ORDER ' KHAWAJA MUHAMMAD SHARIF, J.---Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case; that in fact according to finding of the police he was present in the "Mela" which was being held in the village; that there is substantial evidence in favour of the petitioner; that in fact murder was committed by Matloob Hussain who was arrested by the police; that no recovery was effected from him and that case of petitioner is of further inquiry falling under subsection 2 of section 497, Cr.P.C. ' On the other hand, learned State counsel assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R.; that he had caused injury on the abdomen of the deceased; that there are injuries on the person of injured P.Ws. Who had supported the case of prosecution; that he had been placed in Column No,3 of the challan and that offence falls within the prohibitory clause of section 497(1), Cr.P.C. Heard, I have gone through the report under section 173, Cr.P.C. With the assistance of learned counsel for the petitioner. The petitioner was found guilty in this case. He had been placed in Column No,3 of the challan. He had caused injury on the abdomen of the deceased. According to F.I.R. And specially statement made by Arif injured P.W. Under section 161 he had implicated the petitioner in this case. Offence falls within the prohibitory clause of section 497(1), Cr.P.C. In this view of the matter no ground for bail is made out. This petition is dismissed.