2005 PLP 995 (MLD)
Mst. SIASAT BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 995 (MLD) |
| Forum / Court | Lahore |
| Bench Members | M. Nameeullah Khan Sherwani, J |
| Parties | Mst. SIASAT BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 995 (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 2005 PLP 995 (MLD)?
The case was heard and decided by the Lahore bench comprising: M. Nameeullah Khan Sherwani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 995 (MLD) (Mst. SIASAT BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Tahir Nasrullah Waraich for Petitioner.
Headnotes / Summary
‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.302/148/149‑‑‑Bail, refusal of‑‑‑Accused had allegedly delivered a rifle to the main accused who made a fatal shot with the same at the deceased‑‑‑Said allegation was not rebutted‑‑‑Trial Court had already recorded the evidence of four material witnesses which had linked the accused with the accusation brought against her‑‑‑Trial proceedings were nearing end‑‑‑Offence with which the accused was charged was punishable with death or imprisonment for life‑‑‑Accused was not allowed bail in circumstances. Sohail Tariq for the Sate with Safdar S.I. M. Yasin Farukh Kamboh for the Complainant.
Judgment & Decree
Mst. Siasat Bibi seeks post‑arrest bail in Crime Report No.332 dated 26‑8‑2002 under sections 148/302/149 P.P.C., registered with Police Station Sadar, Raiwind at the instance of Abdul Aziz.
2. Allegation against the petitioner is that she delivered rifle to Iftikhar who made a shot with the same at the deceased, which hit back of his chest who yielded to injuries at ‑the spot. After thorough investigation into the crime, she was found linked with the commission of crime in question.
3. It has been vigorously argued by learned, counsel for the petitioner that petitioner is behind the bars for the last about 13 months and so far trial Court has recorded statements of' two witnesses. A direction was issued by this Court to the trial Court an 11‑7‑2003 to conclude the trial proceedings within three months and the same has not been complied with stricto senso.
4. As against this learned counsel for the State assisted by learned counsel for the complainant submits that evidence of four potential witnesses has been taken down by the trial Court and trial is likely to be concluded soon and now the case infixed for 3‑11‑2003 for recording of remaining prosecution evidence. Adds that Khubaib who appeared as P.W.3 and Sumera P.W.4 happen to be son and daughter of Muhammad Ali deceased and petitioner is their material aunt. These witnesses had no earthly reason to furnish false voucher against her and for that reason she is not entitled to grant of bail.
5. I have heard learned counsel for both the sides at some length and am of the considered view that no case for bail is made out because the evidence of four material witnesses has already been recorded by the trial Court and now the case is fixed for 3-11-2003 for recording of remaining prosecution evidence. Trial proceedings are nearing end and evidence of witnesses links her with the accusations brought against, her. The offences is punishable with death or imprisonment for life. There is no rebuttal of allegations so far that she delivered a rifle to Iftikhar who made a fatal shot at the deceased. This petition is dismissed. N.H.Q./S-310/L Bail refused.