1999 PLP 978 (MLD)
REHMAN — Petitioner Versus THE STATE — Respondent
| Citation | 1999 PLP 978 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | REHMAN — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 978 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 978 (MLD)?
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: 1999 PLP 978 (MLD) (REHMAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302/324/34
Bail, grant of--First Information Report showed that accused had caused an injury with dagger - the back of prosecution witness which injury was declared simple, and accused had not repeated the blow on person of prosecution witness nor had caused any injury to the deceased
Occurrence had taken place on the spur of moment anti accused was in jail for the last about one year and trial was likely to take considerable time
Question whether accused was vicariously liable for the murder of deceased would be determined during trial after recording evidence-- Accused was ordered to be released on bail.
Judgment & Decree
Altaf Ibrahim Qureshi for Petitioner. Shaukat Ali for the State. Petitioner Rehman son of Nawaz seeks his post arrest bail in a case registered against him and others under section 302/324/34, P. P. C. at Police Station Karampur, Tehsil Mailsi, District Vehari vide F. I. R. No. 167 of 1996. Briefly stated allegations, as mentioned in the F. I. R., are that petitioner alongwith his co-accused came at the spot on hearing the hue and cry raised by Mst. Ihsan Mai daughter of the complainant who was being beaten by Shaukat Ali her husband. Bashir Ahmad, another, son-in-law of the complainant along with his brother Naseem were also attracted to the spot and Bashir Ahmad restrained Shaukart Ali from beating Mst. Ihsan Mai whereupon Bashir Ahmad was given a dagger blow by Shaukat Ali at his chest and he fell down on receipt of the injury. Naseer tried to rescue his brother whereupon Rehman (petitioner) caused a blow with his dagger at his back. On intervention of the P. Ws. victims were rescued from the accused. While in the way to Head Quarters Hospital Mailsi on tractor-trolley, Bashir Ahmad succumbed to the injury.
2. Learned counsel for the petitioner submits that although challan has been submitted in the Court, trial of the case has not commenced so far and even charge has not been framed despite expiry of long period. Petitioner is in jail since registration of the case. He further submits that there is no allegation of premeditation.
3. Learned State counsel has opposed the bail petition. He submits that petitioner is vicariously liable for the offence committed by Shaukat Ali his co -accused.
4. I have heard the learned counsel for the parties and gone through the record. According to the F. I. R. petitioner has caused an injury with dagger at the back of Naseer P. W. The injury was declared simple. He has not repeated the blow on the person of Naseer nor has caused any injury to the deceased. The question whether he is vicariously liable for the murder of Bashir Ahmad shall be determined during trial after recording evidence. The occurrence has taken place on the spur of moment. Petitioner is in jail for the last about one year and trial is likely to take considerable time. In these circumstances, I am inclined to release the petitioner on bail. Accordingly, he is admitted to bail in the sum of Rs. 2,00,000 (Rupees two lac) with one surety in the like amount to the satisfaction of trial Court. .
5. The petitioner is accordingly allowed. H.B.T./R-53/L Bail granted.