1989 PLP 2699 (MLD)
BAHADUR and others — Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 2699 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khalil-ur-Rehman Ramday, J |
| Parties | BAHADUR and others — 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 2699 (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 2699 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khalil-ur-Rehman Ramday, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2699 (MLD) (BAHADUR and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Aslam Khan and Altaf Ibrahim Qureshi for Petitioners.
- Date of hearing: 3rd May, 1989.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), S.302/201/148/149--Bail--Deceased lady on having been found in an immoral state in the field with her paramour at night was beaten to death by accused who were all related to her--Eye-witnesses submitted affidavits and stated in Court that they did not want to prosecute the accused and had even moved District Magistrate for withdrawal of prosecution case--Case, held, was of further inquiry--Accused were admitted to bail in circumstances. Bashir Ahmad Sial for the State.
Judgment & Decree
The five petitioners are accused of the offence punishable under Becton 302/201/148/149, P.P.C. vide F.I.R. No. 31 dated 3-3-1989 of Police Station Kot Sultan of District Layyah. This F.I.R. was recorded at the instance of Imam Bakhsh complainant who is the father of Mst. Nasim Mai deceased and he has alleged that his daughter Mst. Nasim Mai had illicit relations with one Noor Muhammad and was found with him in the field of wheat crop at about mid-night and was thereafter beaten by the present petitioners and ultimately she succumbed to her injuries.
2. Bahadar and Khuda Bakhsh accused petitioners are the real brothers of Imam Bakhsh complainant. Abdul Rehman accused-petitioner is the son of Bahadur petitioner and thus a nephew of Imam Bakhsh and also the son-in-law of Imam Bakhsh complainant. Mushtaq accused-petitioner is the first paternal- cousin of Imam Bakhsh complainant whereas Muhammad Ali is his real sister's son.
3. From the F.I.R. it is evident that the accused-petitioners never intended to commit murder of Mst. Nasim Mai and it was only on account of finding her in an immoral state at the dead of the night in the wheat field with Noor Muhammad alias Nooru that the accused-petitioners who are close relatives of Mst. Nasim Mai deceased gave her beating which ultimately resulted in her death.
4. The eye-witnesses of the occurrence are Imam Bakhsh complainant, his wife Mst. Bhirawan and his daughter Mst. Amina who is the wife of Abdul Rehman accused-petitioner. All the three have submitted affidavits and are also present in person to state that they do not want to prosecute the accused persons' in the peculiar circumstances of the case and had even made an application to the District Magistrate for the withdrawal of the prosecution against the said accused persons.
5. In view of what has been stated above, the present case becomes one of further inquiry.
6. The petitioners are, therefore, admitted to bail in the sum of Rs.5,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Layyah. N.H.Q./B-133/L Bail granted.