1993 P Cr (PLP)
ABBAS and 3 others — Petitioners Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABBAS and 3 others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 P Cr (PLP) (ABBAS and 3 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Taqi Khan for Petitioners.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302/324/109/34
Bail, grant of-- Accused, if not the actual murderers, were prima facie concerned in the occurrence as conspirators
Judgment & Decree
Muhammad Taqi Khan for Petitioners. Shabbir Hussain Qureshi for the State. The occurrence took place on 29-7-1992 at 3-00 a.m. and the matter was reported to the police at 7-00 a.m. by Malla complainant. Riaz was murdered at the spot while Manzoor P.W. received severe injuries.
2. According to the F.I.R. the petitioners alongwith Ashiq armed with guns had assaulted and indulged in the occurrence.
3. Contention raised is that the petitioners were innocent, were so found by the first two investigators and even the third investigator to whom the investigation was transferred at the instance of the complainant party have all concluded so, though the last-mentioned Investigating Officer has not ruled out the possibility of the conspiracy on the part of the petitioners. The challan has been submitted in Court. According to the final report submitted it were Ashiq accused and Riaz, a brother of Mazhar petitioner who alongwith some unknown persons had committed the occurrence. No weapon was recovered from the petitioners. A carbine was recovered from the above-mentioned Riaz but the two crime empties recovered from the spot have not wedded with it according to the Forensic Expert's report.
4. On these facts learned counsel has contended that the case of the petitioners is of further inquiry. Learned counsel for the State argues that the case having been submitted in Court, the petitioners have been shown in Column No.3 of the challan and so the trial may be ordered to be expedited.
5. After hearing the learned counsel and the present investigator (Ch. Muhammad Hussain, D.S.P.) at length, conspiracy on the part of "the petitioners can be inferred prima facie! They are the close relatives of the actual culprits, according to the investigation, who are Ashiq, still an absconder and above-mentioned Riaz. Abbas petitioner is the son of Ashiq absconder. According to the version in the F.I.R. the conspiracy was hatched by Arshad, Ijaz and Nawaz, another son of the proclaimed offender. They three were sent to jail only one or two days before the occurrence. In the circumstances, if not the actual murderers, as conspirators, the petitioners are prima facie concerned in the occurrence. No ground for bail: The petition is dismissed. N.H.Q./A-429/L Bail refused.