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NASAR versus STATE


Criminal Code of Conduct (CR PC) read with Section 497 (2) Contempt Code (XLV of 1860), Section 307 Bail, Applicant's Grant for Lifting This Question Only Injured Victims of Murder Attack on Other Suspects To do so, they need further investigation, as the PC Petitioner granted bail under section 497 (2), under the circumstances.

1984 P Cr. L J 2541

[Lahore]

Before Manzoor Hussain Sial,-J

N ASAR--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No.2537-B of 1983, decided on 24th October, 1983.

Criminal Procedure Code (V of 1898)--

---S. 497(2) read with Penal Code (XLV of 1860), S.307--Bail, grant of--Petitioner ascribed role of raising lalkara only--Question whether petitioner was at all present at scene of occurrence and raised lalkara, facilitating other accused to inflict injuries to victim of murderous assault held, requiring further inquiry, as envisaged under section 497(2), P.C. --Petitioner allowed bail, in circumstances.

Kh. Ahmad Tariq Rahim for Petitioner.

Miss Sheema Malik for the State.

Date of hearing: 24th October, 1983.

ORDER

The petitioner is accused with others of offences under section 307/382/34, P.P.C. for assaulting one Talat Mahmood. The role attributed to the petitioner is that he raised lalkara, Niaz co-accused caught hold of Talat Mahmood and Khalid co-accused gave three Chhuri blows to Talat Mahmood out of which injury No.2 being incised wound was declared grievous.

2. Learned counsel for the petitioner contended that no overt act is attributed to the petitioner and he was falsely implicated in the case.

3 Learned counsel for the State opposed this petition and stated that the petitioner is named in the F.I.R. having facilitated co-accused Khalid to inflict injuries to Talat Mahmood P.W. It was further submitted that the trial of the case had already commenced, therefore the petitioner's application merited dismissal.

4. I have considered the contentions raised by learned counsel for the parties. The petitioner has been ascribed role of raising 'lalkara' only. The question as to whether he was present at the scene of occurrence raised 'lalkara' facilitating other accused to inflict injuries requires further inquiry as envisaged under section 497(2), Cr.P.C. He is directed to be released on bail provided he furnishes security in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of A.C./M.I.C., Lahore.

S. G. D. Bail allowed.

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