1989 PLP 2753 (MLD)
MANAK and another — Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 2753 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Fazal Karim, J |
| Parties | MANAK and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2753 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2753 (MLD)?
The case was heard and decided by the Lahore bench comprising: Fazal Karim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2753 (MLD) (MANAK and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Lal Khan Baloch for Petitioners.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), S.302/109/148/149--Bail, grant of- Substitution of petitioners for persons accused in the F .I R. on a supplementary statement of complainant--No sharp-edged weapon injury was said to have been caused by accused in F.I.R. but in post-mortem examination one incised wound was found which was attributed to one of the petitioner-Petitioners allowed to be released on bail. Rana Arshad, Addl. A.-G. for the State.
Judgment & Decree
The petitioners are accused of the murder of Muhammad Asghar and his wife Mst. Khurshid Bibi; the murder took place at about morning Namazwaila on 22-6-1988 and was reported to the police by Faqir Muhammad, a real brother of Muhammad Asghar deceased at 5-30 a.m. on the same day. In the F.I.R., Faqir Muhammad claimed to have eye-witnessed the incident. The prosecution case is that seven or eight years before this occurrence, Muhammad Asghar had abducted two sisters of Riaz, Nawaz and Mumtaz accused persons, namely, Khurshid Bibi deceased and Mst. Fatima. Mst. Fatima had been killed before this incident. The story is that on hearing an alarm coming from the house of the deceased, Faqir Muhammad went there and found Shama, Anwar, Riaz, Muhammad Nawaz and Mumtaz accused persons in the Havaili of Muhammad Asghar deceased. Within his view, they fired shots and killed the deceased persons. Riaz, Nawaz and Mumtaz are real brothers. Shama is their uncle and Anwar is a son of Shama. During investigation, it was found that Shama accused was in judicial lock-up at the time of occurrence; similarly, Nawaz accused was also found innocent of the offence. On 1-7-1988, a supplementary statement of; Faqir Muhammad, complainant was recorded; in that statement, he substituted the petitioners for Shama and Nawaz. Another interesting feature of the case is that no sharp-edged weapon injury was said to have been caused to the deceased persons in the F.I.R. but in the post-mortem examination one incised wound was also found on the dead body of Mst. Khurshid. This is now attributed to Manak, petitioner. In these circumstances, I allow the petitioners to be released on bail on their furnishing bonds in the sum of Rs.20,000 (Rupees twenty thousand only) each with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, concerned. H.B.T./M-1186/L Bail granted.