2006 PLP 1903 (YLR)
Rana MUHAMMAD HUSSAIN and others — Petitioners Versus THE STATE — Respondent
| Citation | 2006 PLP 1903 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | Rana MUHAMMAD HUSSAIN and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1903 (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 2006 PLP 1903 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1903 (YLR) (Rana MUHAMMAD HUSSAIN and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Abdul Rashid for Petitioners.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.324/34 & 337-F-I
Conduct of accused had been one of defiance all along
By procuring statements of witnesses under S.164, Cr. P. C. , in fact they had, prima facie, tried to suborn prosecution evidence
Accused had the audacity to approach High Court again after their bail application had been dismissed on merits
Accused were playing fast and loose with process of law which could not be allowed
No merit having been found in petition for bail, same was dismissed.
Judgment & Decree
M. BILAL KHAN, J.
liana Muhammad Hussain and Muhammad Umar Butt stand involved in case F.I.R. No.218 of 2005 dated 18-4-2005, registered at Police Station, Factory Area, Faisalabad for offence under sections 324/34, 337-F-1, P.P.C.
2. Inter alia the allegation against the petitioners was that they had launched a murderous assault against the complainant wherein Muhammad Umar Butt petitioner had caused fire-arm injury to the complainant. The F.I.R. had been registered as far back as on 18-4-2005. The petitioners had applied for pre-arrest bail before the learned Additional Sessions Judge, and were allowed ad interim pre-arrest bail on 20-4-2005, however they failed to submit their bail bonds and on 28-4-2005 also absented themselves before the said Court, as a result of which their bail application had been dismissed for non-prosecution as also no merits. Thereafter, they approached this Court by means of Crl. Misc. No.3438/B of 2005, which petition had also been dismissed on merits on 10-5-2005. They have approached this Court again for their pre-arrest bail.
3. Ch. Abdul Rashid, the learned counsel for the petitioner stated that a new ground has accrued to the petitioner in that the two witnesses of the F.I.R. namely Shafique and Khadim Hussain had made statements under section 164, Cr.P.C. before the learned Magistrate at Faisalabad in which the petitioners have been exonerated. He added that apart from that the complainant of the case had attacked at Muhammad Shafique witness for his having made such a statement and had caused him serious injuries. According to the learned counsel, this makes the case of the petitioners one of further inquiry entitling them to the concession of pre-arrest bail.
4. I have considered the arguments of the learned counsel. In fact the conduct of the petitioners has been one of defiance all along. By procuring statements of witnesses under section 164, Cr.P.C. in fact they have prima facie tried to suborn the prosecution evidence. The petitioners have the audacity to approach this Court again after their bail application had been dismissed on merits. The petitioners are playing fast and loose with the process of law which cannot be allowed. There is no merit in this petition, which is accordingly dismissed in limine. H.B.T./M-186/L????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.