1983 P Cr (PLP)
Sheikh REHMAN Petitioner Versus The STATE Respondent
| Citation | 1983 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Shameem Hussain Kadri, C J |
| Parties | Sheikh REHMAN Petitioner Versus The STATE Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1983 P Cr (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 1983 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Shameem Hussain Kadri, C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 P Cr (PLP) (Sheikh REHMAN Petitioner Versus The STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Qurban Sadiq Ikram for Petitioner.
- Date of hearing : 16th October, 1982.
Headnotes / Summary
S. 497-Bail-Further inquiry-Contention that both grievous injuries caused to victim, one on his back and another on- his flank being attributed to accused petitioner and cross-case having been registered against him 24 days thereafter, petitioner not entitled to bail-Held: Registration of case-Function of police-Police regist ering case after 24 days-Petitioner could not be blamed-Case obviously one of further inquiry and cancellation of bail in such situation not proper-Petitioner granted bail in circumstances. Shahid Iqbal, Asstt. A.-G. for the State.
Judgment & Decree
S. 497-Bail-Further inquiry-Contention that both grievous injuries caused to victim, one on his back and another on- his flank being attributed to accused petitioner and cross-case having been registered against him 24 days thereafter, petitioner not entitled to bail-Held: Registration of case-Function of police-Police regist ering case after 24 days-Petitioner could not be blamed-Case obviously one of further inquiry and cancellation of bail in such situation not proper-Petitioner granted bail in circumstances. Mian Qurban Sadiq Ikram for Petitioner. Shahid Iqbal, Asstt. A.-G. for the State. Date of hearing : 16th October, 1982. The petitioner alongwith his co-accused Muhammad Din and Noor Muhammad is accused of an offence under section 307/34, P. P. C. regist ered at Police Station Isakhel on 27th May, 1982. They were granted bail by the trial Court on 5th July, 1982. The learned Additional Ses sions Judge cancelled the bail of the present petitioner on 29th August, 1982. Hence this petition. 2. Mian Qurban Sadiq Ikram, learned counsel for the petitioner, submitted that there is a cross-case in which two of the co-accused were injured. Muhammad Din has received nine simple and blunt injuries, Fida Muhammad eight simple and blunt injuries and one Shamas Din, who is not an accused person, has received four injuries out of which two are caused with a sharp-edged weapon. The cross case has been registered. The petitioner is a Railway employee and plea of alibi was also raised before the two Courts below. 3. Learned Assistant Advocate-General vehemently argued that the petitioner may not be granted bail since both the grievous injuries caused to Saleh Muhammad, one on his back and the other on his flank, are attribut ed to him and the cross case was registered 24 days thereafter. He that as it may, the registration of a case is the function of the police and in case they,, have done so after 24 days, it is no-fault of the petitioner. Obviously this is a case of further inquiry and in this situation, the cancellation of petitio ner's bail by the learned Additional Sessions Judge was not proper. I would, therefore, grant bail to the petitioner provided he furnishes security in the sum of Rs. 5,000 (Rupees five thousand) with two sureties, each in the like amount, to the satisfaction of A. C., Isakhel. Bail granted