2010 PLP 2678 (YLR)
SARFRAZ — Petitioner Versus THE STATE and 2 others — Respondents
| Citation | 2010 PLP 2678 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, C.J. |
| Parties | SARFRAZ — Petitioner Versus THE STATE and 2 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 2678 (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 2010 PLP 2678 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, C.J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2678 (YLR) (SARFRAZ — Petitioner Versus THE STATE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Wasil Khan Sherwani for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302
Accused made extra judicial confession
Recovery was effected from accused and crime empties already taken into possession were sent to Fire-arm Expert for report
Trial had started and main witness of the prosecution had been examined
Report of Fire-arm Expert was against the accused
No case for bail having been made out, bail petition was dismissed. Rana Bakhtiar Ali, D.P.-G. along with Ghulam Raza, S.-I. Muhammad Yaseen Hatif for the Complainant.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, C.J.
The facts of the case are that Mehram Ali had lodged F.I.R. for the murder of his brother Abdul Sattar against Muhammad Yaseen, Muhammad Abbas and Muhammad Rafique accused. There was only one injury on the person of the deceased which was attributed to Muhammad Yaseen accused according to the F.I.R. Mst. Sheeman was not living with her husband as she was annoyed due to the fact which has been mentioned by her in her application given to S.H.O. against the petitioner and the complainant Mehram Ali who was the complainant in the F.I.R. mentioned above. According to the application there were illicit relations between Nazia wife of Mehram Ali and Abdul Sattar deceased. The investigation on the application of Mst. Sheeman took place and the case lodged by Mehram Ali was found to be false. The present petitioner was arrested and extra judicial confession was made by him. Recovery was effected from the petitioner and the crime empties already taken into possession were sent to Firearm Expert and on the last date of hearing the case was adjourned because after hearing lengthy arguments I had summoned the report of Fire-arm Expert.
2. Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R.; that he was made a scapegoat in this case; that Mehram Ali has been allowed bail by my learned brother Raja Muhammad Shafqat Khan Abbasi, J. (as he then was) vide order dated 15-7-2009 passed in Criminal Miscellaneous. No.7346-B of 2009 on the ground that the only charge of abetment was levelled against him. He further submits that the crime empties were sent to the Fire-arm Expert fifteen days after the occurrence; that Mst. Sheeman is a lady of bad character; that she had also sold her land in order to give bribe to the police; that case of the petitioner is of further inquiry falling under sub-clause 2 of section 497, Cr.P.C. and he is entitled to bail.
3. Learned DPG assisted by learned counsel for the complainant submits that Mst. Sheeman had filed a complaint against the petitioner and his brother in which statements of Khadim Hussain, Noor Hussain and Mst. Sheeman have already been recorded.
4. I have heard learned counsel for the parties. The trial has started and main witnesses of the prosecution have been examined. The report of Fire-arm Expert is against the petitioner. No case for bail is made out. This petition stands dismissed. H.B.T./S-41/L Bail refused.