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Mian SHAHZAD IQBAL vs State S — 2022 MLD 993 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 MLD 993 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
MLD
Parties
Mian SHAHZAD IQBAL vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 161; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mian SHAHZAD IQBAL VS State S.498---Penal Code (XLV of 1860), Ss. 302, 324, 447, 452, 511, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal trespass, house-trespass after preparation for hurt, assault or wrongful restraint, attempting to commit offence, abetment, rioting, armed with deadly weapon---Pre-arrest bail, refusal of---Scope---Prosecution case was that the accused persons along with 8/10 unknown persons, while armed with lethal weapons, formed an unlawful assembly and in furtherance of their common intention, launched murderous assault upon the complainant party as a result of which several of them got injured and one of them succumbed to the injuries at the spot---Accusation of forming unlawful assembly while armed with fire arms weapons and trespassing into the house of the complainant levelled against the accused persons/petitioners was prima facie supported with the respective medico legal examination certificates of the injured witnesses, who had fully supported the contents of the crime report in their statements recorded under S.161, Cr.P.C.---Accused persons were found fully involved in the occurrence and their physical custody was required to the police for the purpose of further investigation as well as recovery of respective weapons of offence---Nothing was available on record to show that implication of accused persons was tainted with mala fide and ulterior motive---Accused persons were not entitled to pre-arrest bail---Bail petitions were dismissed, in circumstances.

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