2004 PLP 1046 (YLR)
BASHIR AHMAD alias BASHIRA — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 1046 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Farrukh Mahmud, J |
| Parties | BASHIR AHMAD alias BASHIRA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 1046 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1046 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Farrukh Mahmud, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1046 (YLR) (BASHIR AHMAD alias BASHIRA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Saleem for Petitioner.
Headnotes / Summary
S.497-- Penal Code (XLV of 1860), S.392/412
Extra judicial confession allegedly made by the accused and his co-accused before the complainant and another prosecution witness was the only incriminating evidence against the accused which was made jointly
Trial Court was yet to determine after recording evidence whether the said confession was admissible or not
Accused was admitted to bail in circumstances. Ijaz Ahmad and another v. The State 1997 SCMR 1279 ref. Muhammad Rafiq Rajput for the State.
Judgment & Decree
Ijaz Ahmad and another v. The State 1997 SCMR 1279 ref. Malik Muhammad Saleem for Petitioner. Muhammad Rafiq Rajput for the State. Bashir Ahmed alias Bashira petitioner has sought his post-arrest bail in case F.I.R. No.80 registered at Police Station, Kot Mubarak, District Dera Ghazi Khan on 15-3-2001 for an offence under sections 392/412, P.P.C.
2. Briefly, it was stated in the F.I.R. that on 15-3-2001 at about 7-15 p.m. when the complainant was on his way to his house on a motorcycle he was stopped by two unidentified persons who were also riding on a motorcycle. The said persons had muffled their faces and were wearing black Shawls. One of the persons was armed with a kalashnikov and on the strength of the weapon the accused snatched Rs.4,000 in cash alongwith I.D. Card, Cheque-book and motorcycle of the complainant as well. After snatching the said articles from the complainant the accused left the scene of occurrence.
3. The petitioner was arrested in this case on 11-4-2001 and at the time of arrest allegedly one kalashnikov was recovered from his possession.
4. I have heard the learned counsel for the parties and have also perused the record of the case. It has been noticed that despite a lapse of one year the trial has not commenced so far. The incriminating evidence against the petitioner is that of extra-judicial confession allegedly made before the complainant and one Fayyaz Hussain, P.W. A perusal of the same shows that the extra-judicial confession allegedly made by the petitioner and his co-accused was made jointly. Whether such a confession is admissible or not in the circumstances of the case would be determined by the learned trial Court after recording of evidence. Therefore, relying on the case of Ijaz Ahmad and another v. The State 1997 SCMR 1279 I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.1,00,000 (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./B-2/L Bail allowed.