1988 P Cr (PLP)
NAZIR AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Afrasiab Khan, J |
| Parties | NAZIR AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 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 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (NAZIR AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.G. Tariq Chaudhry for Petitioner.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), Ss.302, 307 & 148/149--Bail, grant of--Accused found innocent during two successive investigations and placed in column No.2 of challan--Bail granted in circumstances. Ibrahim v. Hayat Gul and others 1985 S C M R 382 and Muhammad Aslam v. State 1986 P Cr. L J 1392 ref. Ch. Muhammad Idrees for the State.
Judgment & Decree
S. 497--Penal Code (XLV of 1860), Ss.302, 307 & 148/149--Bail, grant of--Accused found innocent during two successive investigations and placed in column No.2 of challan--Bail granted in circumstances. Ibrahim v. Hayat Gul and others 1985 S C M R 382 and Muhammad Aslam v. State 1986 P Cr. L J 1392 ref. A.G. Tariq Chaudhry for Petitioner. Ch. Muhammad Idrees for the State. The petitioner, Nazir Ahmad, has moved this petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against him under section 302/ 307/ 148/ 149, P. P. C. at Police Station Barki, Tehsil and District Lahore vide F.I.R. No. 111/87, dated 17-7-1987. 2. Learned counsel argued that the plea of the petitioner was that he was not present when the occurrence had taken place. This plea of the petitioner was accepted by the Investigating Officer on the basis of cogent evidence. -Later on the case was investigated by the D.S.P. intensively, he too found the petitioner innocent and held that he was not present at the spot. Accordingly the petitioner was placed in column No.2. In support of his contentions, the learned counsel has placed reliance on Ibrahim v . Hayat Gul and others 1985 SCMR 382, Muhammad Aslam v. State 1986 P Cr. L J 1392 and order, dated 30-6-1987 passed in Criminal Miscellaneous No. 1451/B of 1987. Learned counsel stated that in these cases under similar circumstances, the accused were admitted to bail. The learned State counsel has opposed the grant of bail to the petitioner. He stated that the petitioner is named in the F. I. R. and a specific role has been attributed to him. However, he conceded that the S.H.O. as well as the D.S.P. have found the petitioner innocent and that he has been placed in column No.2. 3. Without expressing any opinion on the merits of the case lest it may prejudice either side, I find that the petitioner was found innocent in two successive investigations conducted by the S.H.O. and the D.S.P. The petitioner has been placed in column No.2 of the challan. Respectfully following the rule laid down in the above authorities, the petitioner is admitted to bail in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the A. C. Cantt, Lahore. S. A./N-133/L Bail granted.