2002 PLP 1471 (MLD)
KHALID alias KHADI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1471 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam‑uz‑Zaman, J |
| Parties | KHALID alias KHADI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1471 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1471 (MLD)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam‑uz‑Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1471 (MLD) (KHALID alias KHADI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Shaukat Ali for Petitioner.
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail, grant of‑‑ Only allegation against accused was that of his presence at the spot‑‑ Accused had neither caused any injury to the deceased nor had fired with his weapon during whole affair‑‑‑Question with regard to vicarious liability of accused was yet to be resolved by the Trial Court after proper appreciation of evidence‑‑‑Accused was no more required for investigation‑‑‑Case being of further inquiry within purview of S.497(2). Cr.P.C. accused was, admitted to bail. Ijaz Ahmad Bajwa for the State.
Judgment & Decree
Sardar Shaukat Ali for Petitioner. Ijaz Ahmad Bajwa for the State. Khalid alias Khadi petitioner seeks grant of bail in case F.I.R No.62 of 1998 dated 20‑2‑1998 registered under section 302/34, P.P.C it Police Station Kanganpur, District Kasur.
2. The precise allegation against the petitioner is that on 20‑2‑1998 at about 9‑00 p.m., he being armed with rifle alongwith Muhammad Sarwar who was also armed with rifle in furtherance of their common intention committed the murder of one Muhammad Din. Allegedly the petitioner while aiming rifle towards the P.Ws. kept on warning them during the whole occurrence.
3. Bail application of the petitioner was dismissed by the learned Additional Sessions Judge, Kasur vide order, dated 6‑11‑1999. Hence the instant bail petition.
4. After hearing the parties and perusing the record, it has been noticed that the only allegation against the petitioner is that of his presence at the spot. Neither he caused any injury to the deceased nor even fired with his weapon during the whole affair. In the circumstances of this case, the question with regard to the vicarious liability of the petitioner is yet to be resolved by the Trial Court after proper appreciation of the evidence. The petitioner was arrested on 31‑3‑1999 and he is no more required for the purpose of investigation. Finding the case of the petitioner to be one of further inquiry within the purview of subsection (2) of section 497, Cr.P.C., the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees One Lac) with two sureties in the like amount to the satisfaction of the learned trial Court. H.B.T./K‑136/L Bail granted.