2008 PLP 419 (MLD)
MUHAMMAD SHAFIQUE — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 419 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHAFIQUE — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 419 (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 2008 PLP 419 (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: 2008 PLP 419 (MLD) (MUHAMMAD SHAFIQUE — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chowhan for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss.302, 34 & 109
Nobody had seen accused administering poison to deceased
One of the witnesses mentioned in the F.I.R. had already sworn affidavit regarding falsity of allegations levelled against accused in the F.I.R.
Successive Investigating Officers conducting investigation of the case, had concurred in their opinion . regarding innocence of accused
First challan submitted in the case, showed that name of accused had been placed in column No.2, but subsequently another challan was submitted in the case, wherein accused had been alleged to have abetted his co-accused
State Counsel had expressed his inability to point out any incriminatory evidence in the alleged murder against accused
Record of case contained no evidence against accused
Case against accused calling for further inquiry into his guilt, he was admitted to bail.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Through this petition Muhammad Shafique petitioner has sought post-arrest bail in case F.I.R. No.219 registered at Police Station, Allahabad, District Kasur on 16-7-2005 in respect of offences under sections 148/302/149, P.P.C. During the investigation sections 148 and 149, P.P.C. were deleted from the F.I.R. and sections 34 and 109, P.P.C. were added to the same.
2. Admittedly nobody had seen the petitioner administering poison to Muhammad Arshid deceased. One of the witnesses mentioned in the F.I.R. namely Muhammad Ashiq has already sworn an affidavit regarding falsity of the allegations levelled against the petitioner in the F.I.R. The successive Investigating Officers conducting investigation of this case had concurred in their opinion regarding innocence of the petitioner. In the first challan submitted in this case the petitioner's name had been placed in column No.2 thereof but subsequently another challan was submitted in this case and in that challan the petitioner had been alleged to have abetted his co-accused. I have repeatedly asked the learned counsel for the State to point out any incriminatory evidence available on the record showing involvement of the petitioner in the alleged murder but he has expressed his inability to do the same because the record of this case apparently contains no such evidence against the petitioner. For all these reasons the case against the petitioner calls for further inquiry into his guilt. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty. thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court. H.B.T./M-297/L Bail granted.