2007 PLP 914 (YLR)
ABDUL REHMAN and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 914 (YLR) |
| Forum / Court | Karachi |
| Bench Members | M.A. Shahid Siddiqui, J |
| Parties | ABDUL REHMAN and another — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2007 PLP 914 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 914 (YLR)?
The case was heard and decided by the Karachi bench comprising: M.A. Shahid Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 914 (YLR) (ABDUL REHMAN and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Munisf Awan for Petitioners.
Judgment & Decree
M.A. SHAHID SIDDIQUI, J.
Atta Muhammad, Muhammad Khan, Muhammad Suleman, Raza Muhammad, Qaiser Rehman and Khaliq Dad petitioners in Criminal Miscellaneous No. 2630-B of 2006 and Abdul Rehman and Muhammad Asif petitioner in. Criminal Miscellaneous No. 2531-B of 2006 have sought post arrest bail in case F.I.R. No.5 dated 4-1-2006 registered at Police Station Musa Khel, District Mianwali under sections 440/ 448/148/149, P.P.C.
2. According to the prosecution's case Muhammad Saleem Khan complainant who has been in occupation of some land for the last 40 years has installed a stone crusher and constructed a house which consisted of four rooms, two verandas and a bath-room. The complainant also claims to be co-sharer in the adjoining land bearing Khasra No.1702 in which Suleman accused had also purchased land about one year ago. Allegedly Suleman accompanied by Raza Khan, Atta Muhammad, Faisal, Abdul Rehman, Muhammad Asif, Khaliq Dad and others entered upon the property of the complainant forced the labourers to vacate the premises disconnected the telephone wires and demolished the house of the complainant. The matter was reported to the police on 4-1-2006.
3. I have heard the learned counsel for the parties at length and perused the record. Admittedly Suleman Khan had purchased land in Khasra No.1702 whereas Muhammad Saleem complainant was also in occupation of land in that very Khata for the last so many years as an encroacher. In order to justify his possession he purchased 18 Marlas of land in Khasra No.1702 through registered sale-deed dated 1-11-2005. This led to a dispute which the parties first tried to get it resolved through' the Revenue Department as is evident from the report of the Tehsildar. Primarily It. was a dispute of civil nature. The offences with which the accused have been charged do not fall within the prohibitory clause.
4. I, therefore, accept both the petitions (Criminal Miscellaneous Nos.2630-B of 2006 and 2531-B of 2006) and order the release of the petitioner on bail subject to furnishing bail bonds in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of the learned Illaqa/Duty Magistrate, Mianwali. H.B.T./A-248/L Bail granted.