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MUHAMMAD IJAZ vs State S — 2023 PCrLJN 102 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJN 102 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD IJAZ vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 173; 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

MUHAMMAD IJAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, armed with deadly weapon---Bail, grant of---Plea of alibi---Scope---Accused sought post-arrest bail in FIR lodged under Ss. 302, 148 & 149, P.P.C.---Investigating Officer had declared the accused to be innocent on the basis of plea of alibi---Despite the fact that report under S. 173, Cr.P.C., had been sent to the Trial Court by the prosecution wherein accused along with another was arrayed in column No. II of the report, the complainant had not preferred any private complaint---Such attitude of the complainant, firstly by not challenging the opinion of the Investigating Officer and then by not filing a private complaint, showed that in fact the complainant was satisfied with the outcome of the investigation---Accused was eligible to be enlarged on bail---Petition for grant of bail was allowed, in circumstances. [Paras. 4 & 7 of the judgment]

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