2000 P Cr (PLP)
NAIK MUHAMMAD — Accused/Petitioner Versus THE STATE and another — Respondents
| Citation | 2000 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | NAIK MUHAMMAD — Accused/Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2000 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 P Cr (PLP) (NAIK MUHAMMAD — Accused/Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Safirullah Khan for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302/324/148/149
Death of deceased was traceable to firing made by co-accused while firing attributed to accused was found ineffective
Two co-accused charged with same role having been allowed bail by Court, principle of consistency was fully attracted to case of accused
Case against accused being of further enquiry, he was admitted to bail in circumstances.
Judgment & Decree
QAZI MUHAMMAD FAROOQ, C.J.
Petitioner Naik Muhammad seeks bail in a case under section 302/324/148/149, P.P.C. which stands registered against him and nine others at Police Station Nasar Bagh, vide F.I.R. No.381, dated 10-12-1992.
2. The accusation against the petitioner is that on 10-12-1992 at about 3-45 p.m. he alongwith his co-accused had fired at the complainant Faridullah Shah and his companions Inamullah Shah, Hidayatullah Shah and Munawar. and though the complainant and his two companions had escaped unhurt Hidayatullah Shah had lost his life having been hit by the shots fired by the accused Sher Ali.
3. Bail is urged on the ground of further enquiry and principle of consistency.
4. It is indeed a case of further enquiry within the contemplation of section 497(2), Cr.P.C. as death of -the deceased is traceable to the firing made by Sher Ali and the firing attributed to the petitioner was ineffective. Besides, two co-accused of the petitioner charged with the same role were allowed bail by this Court on 30-10-1994, therefore, the principle of~ consistency is fully attracted. Consequently, the application is accepted and the petitioner is admitted to bail in the sum of Rs.1,00,000 (Rupees one lack with two sureties each in the like amount to the satisfaction of the Illaqa Magistrate. H.B.T./66/P Bail allowed