2002 PLP 1015 (MLD)
NAZEER AHMAD alias NAJJA — Petitioner Versus THE STATE — Respondent
| Citation | 2002 PLP 1015 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NAZEER AHMAD alias NAJJA — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1015 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1015 (MLD)?
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: 2002 PLP 1015 (MLD) (NAZEER AHMAD alias NAJJA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860). Ss 382 & 392/411
Accused had not been nominated in F.I.R. as one of perpetrators of offences in question
No test identification parade had been conducted in case so as to positively implicate accused in alleged offences
Order passed by Trial Court refusing bail to accused had shown that complainant had already sworn an affidavit exonerating accused-- Alleged recovery effected from accused during investigation only attracted provisions of S.411, P.P.C., which did not attract prohibitory clause contained in S.497(1), Cr.P.C.
Judgment & Decree
S.497
Penal Code (XLV of 1860). Ss 382 & 392/411
Accused had not been nominated in F.I.R. as one of perpetrators of offences in question
No test identification parade had been conducted in case so as to positively implicate accused in alleged offences
Order passed by Trial Court refusing bail to accused had shown that complainant had already sworn an affidavit exonerating accused-- Alleged recovery effected from accused during investigation only attracted provisions of S.411, P.P.C., which did not attract prohibitory clause contained in S.497(1), Cr.P.C.
Accused was admitted to bail, in circumstances. Altaf Ibrahim Qureshi for Petitioner. Syed Shams-ud-Din for the State. Date of hearing: 6th June, 2001. Through this petition Nazeer Ahmad alias Najja petitioner has sought post-arrest bail in case F. I. R. No. 178 registered at Police Station Farid Nagar, District Pakpattan Sharif on 21-9-2000 for offences under sections 382/392/411; 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 nominated in the F.I.R. as one of the perpetrators of the offences in question. Admittedly no test identification parade has been conducted in this case so as to positively implicate the petitioner in the alleged offences. The order passed by the learned trial Court on 9-4-2001 refusing bail to the petitioner shows that the complainant of this case has E already sworn an affidavit exonerating the present petitioner. The alleged recovery effected from the petitioner during the investigation of this case only attracts the provisions of section 411, P.P.C. which do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C.
3. For what has been discussed above this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond i in the sum Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the ,learned trial H.B.T./N-174/L Bail granted