2001 PLP 2593 (YLR)
FALAK SHER ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2001 PLP 2593 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Bashir A. Mujahid, J |
| Parties | FALAK SHER ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2001 PLP 2593 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 2593 (YLR)?
The case was heard and decided by the Lahore bench comprising: Bashir A. Mujahid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 2593 (YLR) (FALAK SHER ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Pervaiz Inayat Malik for Petitioner.
- Date of hearing: 31st August, 2001.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑‑ ‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860). Ss.302/34/337‑F(i)/149‑‑‑Bail, grant of ‑‑‑Co accused who were attributed fatal injuries, were declared innocent during investigation and were granted bail‑‑‑Alleged weapon of offence had not been recovered front the accused and the injury attributed to him on non‑vital part of the body of deceased‑‑‑Accused had been declaration innocent by the police on sufficient material ‑‑‑Involvement, of the accused in case being of further inquiry, he was entitled to grant of bail. Muhammad Tufail for the State.
Judgment & Decree
Falak Sher son of Muhammad Sharif is accused in the F.I.R. No. 76 of 2001, dated 1‑5‑2001 under sections 302/34/337‑F(i)/1 P.P.C. registered with Police Station K,. Loharan at the instance of Nisar Ahmad. The allegation against the petitioner as contained in the F.I.R. is that he while armed with ‑un alongwith other co‑accused who were also armed with deadly weapons attacked the complainant party. The petitioner caused fire‑arm injury on the leg of the complainant while his co‑accused caused death of Mst. Shagufta by fire‑arm injuries. Learned counsel for the petitioner contends that during the investigation the story of the F.I.R. has been found false. Out of 15 nominated accused 12 including the petitioner have been declared innocent. Out of all only Bilal Raza alias Bali and Mubarak alias Billa have been found guilty alongwith two others namely Mukhtar and Ali Raza who were not nominated accused in the F.I.R. The co‑accused who were declared innocent have been allowed bail even those who were attributed fatal injuries; that no weapon of offence has been recovered from the petitioner. Despite the allegation that there was indiscriminating firing at the spot no empty has been taken into possession by the police. Conversely the bail has been opposed by the learned State counsel by arguing that the petitioner is nominated accused in promptly recorded F.I.R., with specific role and the offence falls under the prohibitory clause. Heard. Record perused. The petitioner alongwith 11 others has been declared innocent during the investigation including the accused who were attributed fatal injuries. The alleged weapon of offence has also not been recovered from the petitioner. The injury attributed to the petitioner was on non‑vital part of the body. The petitioner has been declared innocent by the police on sufficient material. Therefore, the petitioner's involvement in the instant case is of further inquiry. I am persuaded to allow this petition and admit (lie petitioner to bail subject to his furnishing bail bonds in the sum of Rs.50,0001 with two sureties each in the like amount to A the satisfaction of the trial Court. H.B.T./F‑68/L Bail granted.