2000 PCrLJ 488 (PLP)
MUHAMMAD YOUSAF and others — Petitioners Versus THE STATE — Respondent
| Citation | 2000 PCrLJ 488 (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD YOUSAF and others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2000 PCrLJ 488 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PCrLJ 488 (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: 2000 PCrLJ 488 (PLP) (MUHAMMAD YOUSAF and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Akram Javed for Petitioners. Saleem Shad for the State. S.M. Rasheed for the Complainant.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.302/324
Bail, grant of-- Accused were not named in the F.I.R.
Deceased complainant while in injured condition did not mention the names of accpsed or of any other person in the F.I.R. as accused
Accused were subsequently, involved in the case by brother of the deceased in his statement recorded under 5.161, Cr.P.C. on the basis of extra-judicial confession
No recovery had been effected from the accused
Accused had been found innocent in two successive investigations
Case against accused, prima facie, needed further inquiry within the meaning of S.497(2), Cr.P.C. which entitled them to grant of bail--Accused were admitted to bail accordingly.
Judgment & Decree
S. 497(2)
Penal Code (XLV of 1860), S.302/324
Bail, grant of-- Accused were not named in the F.I.R.
Deceased complainant while in injured condition did not mention the names of accpsed or of any other person in the F.I.R. as accused
Accused were subsequently, involved in the case by brother of the deceased in his statement recorded under 5.161, Cr.P.C. on the basis of extra-judicial confession
No recovery had been effected from the accused
Accused had been found innocent in two successive investigations
Case against accused, prima facie, needed further inquiry within the meaning of S.497(2), Cr.P.C. which entitled them to grant of bail--Accused were admitted to bail accordingly. Muhammad Akram Javed for Petitioners. Saleem Shad for the State. S.M. Rasheed for the Complainant. Date of hearing: 25th February, 1999. ORDER. Muhammad Yousaf, aged above 32 years Ahmad Yar, aged about 50 years and Zulfiqar aged about 40 years, petitioners, were arrested on the 1st of August, 1998, in pursuance of a case registered against them vide F.I.R. No.670 of 1998, dated 10th of July, 1998, under section 302/34, P.P.C. at Police Station Model Town, Gujranwala, regarding an occurrence which allegedly took place during the night between 9th and 10th of August, 1998, in the area of National Savings Centre, Model Town, Gujranwala which is at a distance of one kilometre from the police station where the F.I.R. was lodged on the 10th July, 1998 at 6-50 a.m. by Abdul Razzaq complainant/injured under section 324, P.P.C. but after his death section 302, P.P.C. was added.
2. Admittedly the petitioners are not named in the F.I.R.; the deceased A did not mention the names of the petitioners nor any other person as accused, the names of the petitioners were first time brought by Fateh her, brother of the deceased on the 16th of July, 1998, in his statement recorded under section 161, Cr.P.C. on the basis of extra-judicial confession; no recovery whatsoever has been effected from the petitioners and the petitioners have been found "innocent" by two successive investigations. In these circumstances reasonable grounds to believe that the petitioners are guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years do not seem to exist. Prima facie, the case against the petitioners may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles them to the grant of bail.
3. Resultantly, the petitioners are admitted to bail . provided they furnish bail bonds in the sum of Rs.50,000 (Rs. fifty thousand) each with two sureties each in the like amount to the satisfaction of the trial Court. N.H.Q./M-1275/L Bail granted.