--Post-arrest bail was granted by Magistrate Section 30, but Additional Sessions Judge cancel it, hence this revision petition--Common intention and attempt to murder-

 PLJ 2023 Cr.C. (Note) 109
[Lahore High Court, Lahore]
Present: Tariq Saleem Sheikh, J.
MUHAMMAD IQBAL--Petitioner
versus
STATE, etc.--Respondents
Crl. Rev. No. 9117 of 2023, decided on 27.2.2023.

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 439/435--Criminal revision--Post-arrest bail was granted by Magistrate Section 30, but Additional Sessions Judge cancel it, hence this revision petition--Common intention and attempt to murder--Petitioner is specifically nominated in FIR. PWs Muhammad Irfan and Muhammad Akhtar have got their statements recorded under Section 161, Cr.P.C.--Medical Officer has declared injury attributed to Petitioner as Jurh Jaifah which constitutes an offence under Section 337-D, PPC--It corroborates ocular account--During physical remand Petitioner also got recovered crime weapon. On a tentative assessment, there is sufficient incriminating material against him--Petition dismissed.     

                                                                                             [Para 4] A

Mr. Aftab Ahmad Sandhu, Advocate with Petitioner.

Rana Tasawar Ali Khan, Deputy Prosecutor General for State.

Mr. Shahid Rafique Mayo, Advocate, for Complainant.

Date of hearing 27.2.2023.

Order

Respondent No. 4 lodged FIR No. 479/2022 dated 12.7.2022 against the Petitioner and others at Police Station Kanganpur, District Kasur, for offences under Sections 324, 34, PPC. During investigation, the police added Section 337-D, PPC. The Magistrate Section-30, Chunian admitted the Petitioner to post arrest bail but the Additional Sessions Judge cancelled it vide order dated 30.1.2023. This petition under Section 439/435, Cr.P.C. is directed against that order.

2. Briefly, the prosecution case is that on 12.7.2022 at about 6:45 a.m. the Petitioner and his co-accused, in furtherance of their common intention, attempted to murder Muhammad Iqbal son of Naseer-ud-Din, in (brother of Respondent No. 4). The Petitioner shot at him on his back with .12 bore pump action.

3. Arguments heard. Record perused.

4. The Petitioner is specifically nominated in the FIR. PWs Muhammad Irfan and Muhammad Akhtar have got their statements recorded under Section 161, Cr.P.C. The Medical Officer has declared the injury attributed to the Petitioner as Jurh Jaifah which constitutes an offence under Section 337-D, PPC. It corroborates the ocular account. During physical remand the Petitioner also got recovered the crime weapon. On a tentative assessment, there is sufficient incriminating material against him.

5. The impugned order is well reasoned and does not call for any interference by this Court. Hence, this revision petition is dismissed.

(A.A.K.)          Petition dismissed