2012 PLP 1970 (MLD)
JAMIL — Petitioner Versus THE STATE and another — Respondents
| Citation | 2012 PLP 1970 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | JAMIL — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1970 (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 2012 PLP 1970 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1970 (MLD) (JAMIL — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khursheed Azhar for Petitioner.
- 3. Learned" counsel for petitioner argued that accused petitioner is innocent and has been falsely charged in the present case. It was argued that, accused petitioner is the son of Sohail deceased, who was murdered by the local police and local police just to save their skin registered the false case against the accused. It was argued that the investigation in the case is complete and person of petitioner is no more required by the local police..It was also argued that guilt of petitioner requires further inquiry.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302/324/353/186/34
West Pakistan Arms Ordinance (XX of 1965), S. 13--Qatl-e-amd, attempt to commit Qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public function, common intention, possession of illegal weapons
Bail, refusal of Allegation against the accused and co-accused was that they committed the murder of a police official and also made an attempt on the lives of other police officials by resorting to indiscriminate firing
Accused was directly charged in a promptly lodged F.I.R.
Medical report fully supported the prosecution version
Accused resorted to indiscriminate firing which resulted in the death of a police official- Attempt to commit murder of other police officials was also made
Accused was arrested on the spot along with his weapon
Empties recovered from the spot were sent to arms expert along with the recovered weapon, and the report received in this behalf was also positive
Prima facie, accused was found reasonably connected with the commission of an offence, which fell within the prohibitory clause of S. 497, Cr. P.C
Bail application of accused was dismissed accordingly.
Judgment & Decree
KHALID MEHMOOD, J.
Petitioner Jamil has been arrested by the local police of Police Station Kotnajibullah in case F.I.R. No. 93 dated 13 2-2012 for alleged commission of offence under sections 302/ 324/353/186/13A0/34, P.P.C. He applied for post arrest bail before the courts below but the same was declined. Hence, this bail petition.
2. Briefly stated facts of the prosecution case are that on 13-2-2012 at 1900 hours accused petitioner and others committed Qatl-e-Amd ofdeceased Khanvez Khan A.S.-I and also attempted at the lives of complainant and other police officials by firing.
3. Learned" counsel for petitioner argued that accused petitioner is innocent and has been falsely charged in the present case. It was argued that, accused petitioner is the son of Sohail deceased, who was murdered by the local police and local police just to save their skin registered the false case against the accused. It was argued that the investigation in the case is complete and person of petitioner is no more required by the local police..It was also argued that guilt of petitioner requires further inquiry.
4. Counsel for State rebutted the contentions of the petitioner and argued that accused petitioner is directly charged in the F.I.R. for brutal murder of Khanvez' Khan A.S.-I and attempted at the lives of complainant and other police official by indiscriminate firing and offence falls within the prohibitory clause of section
497. Cr.P.C.
5. Arguments heard and record perused.
6. Accused petitioner is directly charged in the promptly lodged F.I.R. for effective firing. Medical report fully supports the prosecution version. Accused resorted to indiscriminate firing, as a result of which Khanvez and Sohail died on the spot. They also attempted to commit Qatl-e-Amd of remaining police officials. Petitioner has been arrested on the spot along with .30 bore pistol. The empties recovered from spot were sent to Arms expert along' with the recovered pistol, the report receipt in this behalf is also in positive. Prima facie accused petitioner is found reasonably connected with the commission of an offence, which falls within the prohibitory clause of section 497, Cr.P.C. and does not deserve the concession of bail.
7. Consequently, this bail petition stands dismissed. MWA/324/P Bail refused.