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AMJAD MAHMOOD versus STATE


Criminal Code of Conduct (CR PC) Section 497 (5) of the Conduct Rule (XLV of 1860), Section 307/1481/149 bail bail has been canceled on bail that the accused was declared innocent during the police investigation It was imposed that the first information report was fired. Shot in the complainant's chest and this fact has been erected by medical evidence The bail has been canceled

1984 P Cr. L J 837

[Lahore]

Before Sardar Muhammad, J

AMJAD MAHMOOD-Petitioner

versus

THE STATE AND OTHERS-Respondents

Criminal Miscellaneous No. 2321/B of 1983, decided on 11th October, 1983.

Criminal Procedure Code (V of 1898)-

-- S. 497 (5)-Penal Code (XLV of 1860), S. 307/1481/149-Bail Cancellation of-Bail granted on wrong premises that accused was declared innocent during police investigation-Accused charged in First Information Report of having fired shot in chest of complain ant and this fact stood corroborated by medical evidence-Bail cancelled.

Muhammad Akbar Cheema for Petitioner.

Idrees Ahmad Sheikh for Respondents Nos. 2 to 4.

Miss Saeeda Butt for the State.

ORDER

This petition for cancellation of bail of the respondent was admitted on the ground that learned Additional Sessions Judge had granted the bail on wrong premises by relying on a statement that Aman Ullah respondent had been declared innocent during investigation by the Police. The Investigating Officer who was summoned to produce the record, during the preliminary hearing had stated that Aman UIlah respondent was never declared innocent. The record produced today also shows the same position. Obviously, the contention of learned counsel for the petitioner in this regard stands established. The respondent has been charged in the first information report of having fired a shot in the chest of the comp lainant, which is corroborated by the medical evidence.

2. Learned counsel for the respondent has not been able to controvert the fact of the respondent having not been declared innocent.

In this view of the matter, the bail granted to the respondent by learned Additional Sessions Judge is hereby cancelled.

M. Y. H. Bail cancelled.

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