1995 P Cr (PLP)
MUHAMMAD AZAM — Petitioner Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD AZAM — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (MUHAMMAD AZAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad, Ayub Lodhi on behalf of Sahibzada Mahboob Ali Khan for Petitioner.
Headnotes / Summary
S. 497(1), third proviso
Penal Code (XLV of 1860), S.302/324/34
Accused was in jail for the last more than three years and five months and his trial had not yet concluded
Accused was neither a previous convict nor he was involved in terrorism
Accused had become entitled to bail on statutory ground in circumstances and he was released on bail accordingly.
Judgment & Decree
Muhammad, Ayub Lodhi on behalf of Sahibzada Mahboob Ali Khan for Petitioner. Tariq Aziz Butt for the State. The petitioner who is one of the accused persons in a case registered through F.I.R. No 290/91, dated 9-8-1991. under section 302/324/34, P.P.C. (Q & D Ordinance) with Police Station Saddar Dunyapur, District Lodhran, for the murder of Muhammad Yousaf, deceased, seeks bail on statutory ground under section 497(1) third proviso (b). The petitioner was arrested on 19-8-1991 and the trial has not yet concluded. It is provided in the said clause (b) as under:-- (b) "who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded: Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism."
2. It is clear from this clause that the petitioner has become entitled to be released on bail. He could only be declined bail if he would have been convicted previously for an offence punishable with death or imprisonment for life or had he been in the opinion of the Court a hardened, desperate or dangerous criminal or involved in terrorism.
3. Muhammad Hussain, A.S.I., who is present in the Court, when questioned, says that she petitioner was neither previously convicted for any offence punishable with death or imprisonment for life nor he was 8 involved in any other case throughout his life nor he was involved in terrorism.
4. In these circumstances the petitioner is entitled to be released on bail on statutory ground. This application is allowed. The petitioner is granted bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of IC A.C./Duty Magistrate, Dunyapur. N.H.Q./M-1943/L Bail granted.