2006 PLP 528 (MLD)
ABDUL QADIR — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 528 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL QADIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 528 (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 2006 PLP 528 (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: 2006 PLP 528 (MLD) (ABDUL QADIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.D. Naseem for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss. 337-F(v), 148 & 149
Matter was reported to the Police after delay of eleven days despite the fact that the police had come to know about commission of cognizable offence
Such fact had brought the case of accused within the fold of further inquiry
Nephew of accused had also received injuries and was taken to the hospital for medical examination by the police, but F.I.R. as well as police record was silent in that regard, which would mean that something else had happened and prosecution had not come to the Court with clean hands
Case, in circumstances was of two versions and the question as to which of the parties had aggressed, was yet to be resolved by the Trial Court
No specific injury had been attributed to accused and allegation against him was of general in nature
All said facts accumulatively were sufficient to bring case of accused within the fold of further inquiry entitling him to the concession of bail
Ad interim pre-arrest bail already granted to accused, was confirmed.
Judgment & Decree
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.
Abdul Qadir petitioner seeks pre-arrest bail in case F.I.R. No.334 of 2005 dated 16-6-2005 registered under section 148/337-F(v)/149, P.P.C. at Police Station Saddar Pakpattan.
2. After hearing learned counsel for the petitioner as well as the State and going through the record, I have observed that the matter was reported to the police after a delay of eleven days whereas the Medico-legal report .of the injured witnesses reveal that the injured were taken to the hospital for medical examination on 7-6-2005, why the FIR. was not entered immediately when the police had come to know about the commission of a cognizable offence, is not clear from the record and this fact brings the case of the petitioner within the fold of the further inquiry. Even otherwise, as apparent from record during this occurrence one Naseer Ahmad nephew of the petitioner had also received injuries and on the same day i.e. 7-6-2005 he was also taken to the hospital for A medical examination by the police but the F.I.R. as well as the police record is silent in this regard which means that something else had happened and prosecution had not come to the Court with clean hand, thus it is a case of two versions and the question as to which of the party had aggressed is yet to be resolved by the trial Court. Similarly, no specific injury has been attributed to the petitioner and the allegation against him is of general in natural. All these facts accumulatively are sufficient to bring the case of the petitioner within the fold of further inquiry entitling him to the concession of bail. Accordingly, the instant petition is allowed and the ad interim pre-arrest bail already granted to the petitioner vide order dated 27-9-2005 stands confirmed against the same surety. H.B.T./A-11/L Bail confirmed.