PCRLJ 1995

1995 P Cr (PLP)

MUHAMMAD HUSSAIN — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
1995-June-5
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1995 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties MUHAMMAD HUSSAIN — Petitioner Versus THE STATE — Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1995 P Cr (PLP)?

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: 1995 P Cr (PLP) (MUHAMMAD HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Ch: Gulzar Ali Chauhan for Petitioner.

Headnotes / Summary

S. 497

Penal Code (XLV of 1860), 5.302

Bail, grant of

Accused was charged with murder of his young daughter in a fit of rage with a hammer-- Entire family of accused including his wife who was mother of deceased girl and other daughter of accused who was complainant in the case had stated in Court that they had forgiven accused in the name of Almighty Allah

Challan against accused had been completed and was submitted in Court and accused was no more required for purpose of investigation

Bail was granted to accused in circumstances.

Judgment & Decree

Mian Muhammad Bashir for the State. Muhammad Hussain petitioner was arrested on 15-12-1994 in pursuance of a case registered against him vide F.I.R. No. 793, dated 14-12-1994 alleging the commission of an offence under section 302, P.P.C. at Police Station Nawan Kot, Lahore. The petitioner is in jail ever-since.

2. According to the F.I.R. which was lodged by Mst. Noor Fatima, a young girl of about 17 years, real daughter of Muhammad Hussain petitioner and real sister of Mst. Mafia deceased, an unmarried young girl of about 15 years, their father Muhammad Hussain petitioner killed his own daughter in a fit of rage with a hammer.

3. Mst. Mafia was an unmarried girl, and therefore, her legal heirs would be father and mother according to D.F. Mulla's Principles of Muhammadan Law, page 57 example (g). At any rate, the entire family of Muhammad Hussain petitioner and his late daughter Mst. Mafia are present in Court. Mst. Hamida is wife of Muhammad Hussain petitioner and the mother of Mst. Mafia. She states that she has forgiven Muhammad Hussain petitioner in the name of Almighty Allah. Complainant Mst. Noor Fatima, daughter of Muhammad Hussain petitioner and sister of Mst. Mafia deceased alongwith her minor sisters and brothers also state that they have all forgiven Muhammad Hussain petitioner in the name of Almighty Allah.

4. Learned counsel for the State informs me that the challan against the petitioner has been completed and submitted in Court, and therefore, the petitioner is not required for the purpose of investigation. Resultantly, the petitioner is granted, bail provided he furnishes bail bond in the sum of Rs.15,000 with one surely in the like amount to the satisfaction of Ilaqa Magistrate/Duty Magistrate, Lahore. H.B.T./M-2141/L Bail allowed.