P L D 1997 Peshawar 54 (PLP)
LIBAB KHAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | P L D 1997 Peshawar 54 (PLP) |
| Forum / Court | |
| Bench Members | Qazi Muhammad Farooq, J |
| Parties | LIBAB KHAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in P L D 1997 Peshawar 54 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1997 Peshawar 54 (PLP)?
The case was heard and decided by the bench comprising: Qazi Muhammad Farooq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1997 Peshawar 54 (PLP) (LIBAB KHAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Muhammad for Petitioner.
- Date of hearing: 26th November, 1995.
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), Ss.324 & 34‑‑‑Bail, grant of‑‑ Accused though armed with a pistol at the crucial time did not use the same and allegedly commanded his co‑accused to fire at the complainant‑‑‑Accused having been charged for exhortation simpliciter, his involvement in the crime required further inquiry as contemplated by S.497(2), Cr.P.C.‑‑‑Bail was allowed to accused accordingly. Akhtar Naveed for the State.,
Judgment & Decree
The petitioner Libab Khan seeks bail in a case under section 324/34, P.P.C., which was registered against him and one Fateh at Police Station Nowshera Kalan vide F.I.R. No. 125, dated 7‑3‑1995.
2. The F.I.R. discloses that on the eventful day while complainant Iftikharul Haq was present near the house of one Farhad the petitioner and his co‑accused Fateh came there duly armed with pistols and on the command of the petitioner Fateh opened fire at the complainant as a result of which he sustained injuries.
3. The petitioner was armed with a pistol at the crucial time but i surprisingly instead of using it he had commanded his companion to fire at the complainant. Be that as it may, he is charged for exhortation simpliciter. therefore, his involvement in the crime requires further enquiry within the contemplation of section 497(2), Cr.P.C. A case for bail is thus made out.
4. In the result this application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000 (fifty thousand) with two sureties each in the like amount to the satisfaction of the Ilaqa Magistrate. N.H.Q./1964/P Bail allowed.