2025 PLP 789 (YLR)
Abdul Ghaffar — Petitioner Versus The State and another — Respondents
| Citation | 2025 PLP 789 (YLR) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | N/A |
| Parties | Abdul Ghaffar — 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 2025 PLP 789 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 789 (YLR)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 789 (YLR) (Abdul Ghaffar — Petitioner Versus The State and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Matee Ullah for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss. 302 & 34
Qatl-i-amd, common intention
Allegation against the petitioner and his brother was that they caused firearm injuries on the person of the deceased
Record (including instructions of concerned SI/SHO present in Court) revealed that first investigation transpired that although petitioner/ accused was present at the time of occurrence at the place of occurrence with 30-bore pistol but he did not cause any injury to the deceased, whereas in second investigation, it came on the surface that he was not present at the time and place of occurrence
In these circumstances, prosecution itself had two versions vis a vis the petitioner; first of the complainant according to which petitioner caused injuries on the person of deceased, and second one was of the investigation agency according to which petitioner did not cause any injury to the deceased
All these facts brought the case of petitioner within the ambit of further inquiry
Petition was allowed and petitioner was admitted to post-arrest bail.
Judgment & Decree
Sadaqat Ali Khan, J.
Petitioner (Abdul Ghaffar) seeks post arrest bail in case FIR No. 99 dated 05.03.023 offences under Sections 302 and 34 P.P.C Police Station Piplan, District Mianwali, after refusing of the same by the Court below.
2. Heard. Record perused.
3. Allegedly, petitioner and his brother Abdul Jabbar caused firearm injuries on the person of Hameed Ullah (deceased).
4. Learned DPG on instruction of Aamir SI/SHO present in Court submits that in first investigation, it transpired that although petitioner was present at the time of occurrence at the place of occurrence with 30-bore pistol but he did not cfause any injury to the deceased whereas in second investigation, it came on the surface that he was not present at the time of occurrence at the place of occurrence. In these circumstances, prosecution itself has two versions viz a iz the petitioner, first of the complainant according to which petitioner caused injuries on the person of deceased and second one is of the investigation agency according to which petitioner did not cause any injury to the deceased. All these facts surely bring the case of petitioner within the ambit of further inquiry. 2020 SCMR 1241 "Najeeb Ullah v. The State and another", 2020 SCMR 417 "Zulfiqar v. The State and another", 2019 SCMR 1458 "Saif Ullah v. The State and others" and 2012 SCMR 1137 "Ehsan Ullah v. The State."
5. For the foregoing reasons, this petition is allowed and the petitioner (Abdul Ghaffar) is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 5,000,000/- (Rupees Five Lac Only) with two sureties each in the like amount to the satisfaction of the trial Court. However, it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition. MQ/A-1/L Bail granted.