2000 PLP 2996 (YLR)
BASHIR AHMAD alias SHARI — Petitioner Versus THE STATE — Respondent
| Citation | 2000 PLP 2996 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | BASHIR AHMAD alias SHARI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2000 PLP 2996 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 2996 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 2996 (YLR) (BASHIR AHMAD alias SHARI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Anwarul Haq Pannu for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.45713801392
Accused was not nominated in the F.I.R.
Complainant had implicated the accused for the first time in the case in his supplementary statement made after twenty months of the occurrence
No identification parade had been held in the case so as to positively identify and connect the accused with the offence
Recovery of a cash of Rs. 1,200 from the accused during investigation did not, prima facie, connect him with the stolen property
Accused was in judicial lock-up for the last four months and his physical custody in jail was not likely to serve any beneficial purpose at such stage-- Case against accused called for further inquiry into his guilt within the purview of S. 497(2), Cr. P. C.
Accused was allowed bail in circumstances. Miss Tasneem Amin for the State
Judgment & Decree
S.497(2)
Penal Code (XLV of 1860), S.45713801392
Accused was not nominated in the F.I.R.
Complainant had implicated the accused for the first time in the case in his supplementary statement made after twenty months of the occurrence
No identification parade had been held in the case so as to positively identify and connect the accused with the offence
Recovery of a cash of Rs. 1,200 from the accused during investigation did not, prima facie, connect him with the stolen property
Accused was in judicial lock-up for the last four months and his physical custody in jail was not likely to serve any beneficial purpose at such stage-- Case against accused called for further inquiry into his guilt within the purview of S. 497(2), Cr. P. C.
Accused was allowed bail in circumstances. Ch. Anwarul Haq Pannu for Petitioner. Miss Tasneem Amin for the State Through this petition Bashir Ahmed alias Shari petitioner has sought post-arrest bail in case F.I.R. No. 35 registered at Police Station Qila Soba Singh, District Narowal on 28-3-1998 for offences under section 457/380/392, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner had not been named in the F. I. R. as one of the culprits; the petitioner's name had surfaced in this case for the first time when the complainant had made a supplementary statement after about 20 months of the occurrence; admittedly no test identification parade has been held in this case so as to positively, identify and connect the petitioner with the offences in question; only a cash of Rs. 1,200 has been recovered from the petitioner during the investigation which prima facie does not stand connected with the stolen property; and the petitioner is languishing in judicial lock-up for the last four months and his physical custody in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been observed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. N.H.Q./B-17/L