Sarfraz Ali vs State S — 2024 YLR 2847 LAHORE-HIGH-COURT-LAHORE

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Sarfraz Ali VS State S. 498---Penal Code (XLV of 1860), Ss. 302, 397, 109 & 34---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, abetment, common intention---Pre-arrest bail, confirmation of---Second bail petition---Maintainability---Accused was charged for committing murder of the husband of complainant---Allegedly earlier bail petition was dismissed as withdrawn---After registration of FIR, the petitioner along with others joined the investigation on 03.03.2022 and was found involved in the case vide case diary dated 15.03.2022---Thereafter, the investigation was still carried on and vide case diary dated 19.05.2022, arrest of the petitioner was deferred by the Investigating Officer and subsequently vide case diary dated 02.06.2022, the petitioner was found innocent---Conclusion of the Investigating Officer was seconded by the higher police officers and report under Section 173, Cr.P.C., was filed by placing his name in column No.2.---Trial Court proceeded with the report and by taking cognizance framed the charge against co-accused persons of the petitioner on 25.08.2022 and fixed the case for prosecution evidence---Trial Court did not summon the petitioner to face the trial and proceeded with it to the extent of co-accused persons---During that span of time, the case to the extent of petitioner took upside town turn when on the application of complainant, the District Police Officer, vide orders dated 04.07.2022 entrusted the investigation to DSP/SDPO Circle---Said DSP vide case diary dated 21.08.2022, found the petitioner involved in the case as abettor of the occurrence and apprehending the arrest by the Investigating Officer on the basis of said findings, the petitioner filed the present pre-arrest bail petition---Such facts were self-explanatory and justly constituted a fresh ground for filing of instant petition as the same were neither available nor in existence at the time of withdrawal of earlier bail petition---Thus, second bail petition was maintainable in circumstances---Bail petition was accepted and ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances.

Sarfraz Ali vs State S — 2024 YLR 2847 LAHORE-HIGH-COURT-LAHORE

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