2011 PLP 2669 (YLR)
MUHAMMAD NAVEES — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 PLP 2669 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | MUHAMMAD NAVEES — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 2669 (YLR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 2669 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 2669 (YLR) (MUHAMMAD NAVEES — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Riaz Chaudhry for Petitioner.
- Ch. Karamat Ali, Deputy Prosecutor-General for Respondent No.1/State with Shahadat Ali S.-I. with Police Record.
- Muhammad Imran Bhatti for Respondent No.2/Complainant.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302/324/34
Qatl-e-amd, attempt to commit qatl-e-amd
Accused along with three others was alleged to have made only ineffective firing on the complainant
No injury or fire shot was ascribed to the accused either on the deceased or the injured witness
Question of vicarious liability of accused in occurrence would be determined at the trial
Accused after having been found innocent in investigation had been placed in Column No.2 of the challan
No incriminating recovery had been effected from the accused despite his physical remand with police for 14 days-Guilt of accused needed further probe within the ambit of S.497(2), Cr. P. C.
Alleged abscondence of accused for about two years could not come in his way for grant of bail, if he otherwise was found entitled to such relief on merits
Accused was admitted to bail in circumstances. Niamat Ali v. The State 2009 YLR Kar. 367 ref.
S. 497(2)-Penal Code (XLV of 1860), Ss.302/324/34
Effect
When accused is found entitled to bail on merits on the basis of his case being one of further inquiry under S.497(2), Cr.P.C., his abscondence alone would not come in his way for getting such relief. Niamat Ali v. The State 2009 YLR Kar. 367 ref.
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.--Petitioner Muhammad Navees through the instant petition has sought for post-arrest bail in case F.I.R. No.759 registered under sections 302, 324, 34, P.P.C. with Police Station Sadder, District Faisalabad on 18-7-2008.
2. Briefly the prosecution case as per the F.I.R. is that on 18-7-2008 at about 4-00 p.m., Imran and others having rifles, in furtherance of their common intention, have committed the qatl-e-amd of Abdul Rehman, the son of the complainant, and attempted the qatl-e-amd of Munir Ahmad, his maternal grandson and of his own self. It was on account of demand of commission by them from the complainant party iii respect of sale of land.
3. After hearing the learned counsel for the parties and perusing the record, I find that the only role assigned to him in the commission of the crime alleged is as follows:-- This would show that he statedly along with three others has made only ineffective, tiring on the complainant. He, while, has not, at all, been ascribed any injury or fire shot either to the deceased or injured Munir Ahmad. The question of his sharing common intention for the qatl-e?amd of the deceased and attempt on the life of Munir Ahmad would be determined at trial.
4. Besides than this, he admittedly during the investigation has been found to be innocent and his name so placed in Column No.2 of the challan report under section 173, Cr.P.C.
5. Admittedly, he has undergone full period of remand of fourteen days and still but no recovery of any kind has been effected from him.
6. All such facts essentially require further inquiry into his guilt. His case, therefore, is covered under subsection (2) of section 497, Cr.P.C.
7. He. allegedly has remained proclaimed offender for a period of about two years. I am afraid that when his case, otherwise, has been on merits found to be one of further inquiry into his guilt and covered under subsection (2) of section 497, Cr.P.C. merely his alleged absconsion cannot come in his way to grant of the relief prayed for to him. In this regard, reference can be made to the case of "Niamat Ali v. The State" (2009 YLR Karachi 367).
8. He statedly is a previous non-convict. His trial statedly as yet has not commenced.
9. In these circumstances of the case, I have been persuaded to hold that he has made out case for his release on bail.
10. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-829/L???????????????????????????????????????????????????????????????????????????????????????????? Bail granted.