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MUHAMMAD ASLAM vs State S — 2023 YLRN 29 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 29 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD ASLAM vs State S
Subject matter
Criminal
Provisions referred to
S. 497; 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 ASLAM VS State S.497(2)---Penal Code (XLV of 1860), Ss.302, 324, 148, 149, 337-F(i) & 109---Bail, grant of---Allegedly the accused person inflicted a burst of Kalashnikov at the injured person, however Kalashnikov being a very formidable weapon, much damage should have been caused to the injured person---Opinion of the doctor regarding injury sustained by injured person clearly contradicted the stance taken by the complainant, while lodging the FIR, qua the role, allegedly played by accused person---Contradiction was found between medical and ocular evidence---Benefit of doubt, if any arising, must go to accused, even at bail stage---Investigation of the case had already been finalized and physical custody of the accused person was no longer required for such purpose, so, guilt of accused called for further inquiry, within the meaning of S.497(2) of the Cr.P.C.---Post-arrest bail of accused was allowed, in circumstances.

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