1999 PLP 3035 (MLD)
ISHTIAQ and others — Petitioners Versus STATE — Respondent
| Citation | 1999 PLP 3035 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ISHTIAQ and others — Petitioners Versus STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 3035 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3035 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3035 (MLD) (ISHTIAQ and others — Petitioners Versus STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nawabzada Saleem Dil Khan for Petitioners.
- 3. Nawabzada Saleem Dil Khan, Advocate learned counsel for the petitioners and Kh. Azhar Rashid, learned Assistant Advocate-General for the State present and heard at length. Record of the case also perused carefully.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 302/34
Accused had been assigned role of taking out pistol and tried to fire at deceased, but pistol misfired
Medico-legal report did not support ocular testimony of prosecution case as complainant had stated that death of deceased was caused because of fire-arm injuries whereas medico-legal report had shown that death of deceased was caused by sharp-edged weapon
Said contradiction had totally negated prosecution case
Case against accused being of further inquiry they were ordered to be released on bail.
Judgment & Decree
5. He further stated that as far as the other petitioner is concerned he has been assigned the role of taking out the pistol and trying to fire at the deceased but the pistol misfired. This action has been specifically mentioned by the complainant in the F. I. R. He, therefore, stated that he was entitled to be enlarged on bail not as a matter of grace but as a matter of right.
6. The next contention of the learned counsel for the petitioners is that the medico-legal report does not support the ocular testimony of the prosecution case. On the other hand, it totally negates the prosecution case thereby making the case of the petitioners. as that of further inquiry. According to the learned counsel for the petitioners the complainant has stated that the death of the deceased was caused because of fire-arm injury whereas the medico-legal report shows that the death was caused by sharp-edged weapon i.e., the stab wound.
7. For the sake of convenience the opinion of the Doctor is reproduced as under.-- "In my opinion the deceased died due to (F. A. injury) stab wound (sharp weapon) causing injuries to the vital organs such as left lung and associated stood vessels leading to excessive bleeding, shock and death. (Sd.) DR. BASHIR HUSSAIN SHAH, Medical Officer.
8. In the circumstances, I am of the view that reasonable grounds do not exist for believing that the petitioners are connected with the commission of the offence with which they have been charged and that their case is that of further inquiry.
9. Their bail petition is accordingly accepted. They shall be released forthwith, if not required in any other case, provided they furnish bail bonds in the sum of Rs. 100,000 (Rs. One lac) with two sureties, each in the like amount to the satisfaction of the Additional Registrar (Judicial) Peshawar High Court, Circuit Bench at D. I. Khan.
10. The Additional Registrar (Judicial) shall see that the sureties are respectable persons and hail from the settled area of District Bannu having sufficient property in their names. The property documents as well as the Identity Cards of the sureties shall be obtained by Additional Registrar (Judicial) for the record.
11. Before parting with the case, I would like to bring it on record that the report of the Doctor (Bashir Hussain Shah) seems to have been manipulated in that, in the first instance it was written/mentioned in the said report as under:-- "In my opinion the deceased died due to fire-arms injuries."
12. A copy, alongwith the relevant part of the medical report of the doctor, be sent to the Secretary to the Government of N. W. F. P. Health Department, Peshawar with the direction to get the matter enquired into and submit the requisite report of this Court within a period of one month positively. H.B.T./358/P Petition accepted.