2014 PLP 1347 (SCMR)
MUHAMMAD IRFAN — Petitioner Versus The STATE and others — Respondents
| Citation | 2014 PLP 1347 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani, C.J., Nasir-ul-Mulk and Ejaz Afzal Khan, JJ |
| Parties | MUHAMMAD IRFAN — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2014 PLP 1347 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 1347 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani, C.J., Nasir-ul-Mulk and Ejaz Afzal Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 1347 (SCMR) (MUHAMMAD IRFAN — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hammad Akbar Wallana, Advocate Supreme Court for Petitioner.
- Date of hearing: 3rd January, 2014.
Headnotes / Summary
(On appeal from the order dated 25-10-2013 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.11215-B of 2012)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302 & 34
Non-attribution of any firearm injury
Effect
Accused was not alleged to have caused any firearm injury either to the deceased or the eye-witnesses
Deceased received only one firearm injury, which was attributed to co-accused
Question of accused's guilt required further inquiry in such circumstances
Accused was granted bail accordingly. Ahmed Raza Gillani, Additional P.-G. for the State.
Judgment & Decree
TASSADUQ HUSSAIN JILLANI, C.J.
Petitioner and his two brothers were proceeded against in terms of the case registered vide F.I.R. No. 99 dated 3-3-2013 under sections 302/34, P.P.C. at Police Station Kot Radha Kishan, District Kasur wherein it is alleged that on the fateful day and time they having armed themselves with fire-arms attacked the complainant party and resorted to firing as a result of which Liaquat Ali son of the complainant was killed.
2. The motive alleged is that a day prior to the occurrence petitioner was refused an agricultural instrument i.e. Suhaga by the complainant which annoyed him and hence the occurrence.
3. Learned counsel for the petitioner seeks bail on the ground that petitioner is not attributed any injury either to the deceased or to any eye-witness; that petitioner's involvement is a product of mala fides; that all the three brothers have been made accused; that petitioner is in judicial lockup ever-since his arrest and no more required for further investigation.
4. Learned counsel for the complainant and learned Additional Prosecutor-General have opposed the petition. According to them, petitioner had instigated the co-accused; that he was armed at the time of occurrence; that he resorted to firing which did not hit anyone and that he is vicariously liable for murder of Liaquat.
5. Having considered the submissions made, we find that admittedly the petitioner is not attributed any firearm injury either to the deceased or to the eye-witnesses. The deceased received only one firearm injury which is attributed to co-accused Muhammad Imran, petitioner's brother. In the afore-referred circumstances, the question of petitioner's guilt would require further inquiry. Consequently, this petition is converted into appeal and allowed and subject to petitioner's furnishing bond in the sum of Rs.100,000 with one surety in the like amount to the satisfaction of learned Trial Court he shall be released on bail. Needless to observe, if petitioner misuses the concession of bail in any manner, it would be open for the trial Court to cancel the bail after hearing him. MWA/M-28/SC Bail granted.