2010 P Cr (PLP)
JAHANGIR and another — Petitioners Versus THE STATE and another — Respondents
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | JAHANGIR and another — Petitioners Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 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 2010 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: 2010 P Cr (PLP) (JAHANGIR and another — Petitioners Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Asif Saeed for Petitioners.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.376
Police report under S.173, Cr.P.C., showed that Police during investigation, found accused persons to be innocent and their names were placed in column No.2
Ipse dixit of the Police though was not binding upon the court, but it was a relevant circumstance to be taken into consideration while determining such like question; in view of such position, it was yet to be seen that as to whether accused ultimately could be held liable for the alleged offence
Mischief of subsection (2) of S.497, Cr.P.C., in circumstances, was amply attracted to the case of accused persons
Accused were stated to be behind the bars for the last about one year and their trial was yet to be commenced
Case for enlargement of accused on bail having been made out, they were admitted to bail, in circumstances.
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
Petitioner Jahangir and Zulfiqar through the instant petition have sought for post-arrest bail in case F.I.R. No.361 registered under section 376, P.P.C. with Police Station Tulamba, District Khanewal on 24-10-2007.
2. Briefly the prosecution case as per the F.I.R. is that on 28-9-2007, they along with others having fire-arms have taken away Mst. Kalsoom Mai, 16/17 years old, the daughter of the complainant to a cotton field across the canal and there they one after the other subjected her to sexual violence.
3. After hearing the learned counsel for the parties and perusing the record, I find that according to the report under section 173, Cr.P.C. prepared by the police and produced by the learned counsel for the petitioner before me they during the police investigation have been found to be innocent and their names placed in Column No.2 of the same. The ipse dixit of the police though is not binding upon Court, yet it is a relevant circumstance to be taken into consideration while determining such-like question.
4. In view of this position on the record, it is yet to be seen that if they ultimately can be held liable for the alleged offence. The mischief of subsection (2) of section 497, Cr.P.C. thus, is amply attracted to their case.
5. They are stated to be behind the bars for the last about one year. According to the S.-I. present in the Court, their trial as yet has not commenced.
6. In these circumstances of the case, I find that the case for their enlargement on bail has been made out.
7. Resultantly, the petition is accepted and they are admitted to bail subject to their furnishing bail bonds in the sum of Rs.100,000 (rupees one lac only) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./J-3/L Bail granted.