1987 PLP 1708 (MLD)
FEROZE ALI-and 3 others — Petitioners Versus THE STATE — Respondent
| Citation | 1987 PLP 1708 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rashid Aziz, J |
| Parties | FEROZE ALI-and 3 others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 1708 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1708 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rashid Aziz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1708 (MLD) (FEROZE ALI-and 3 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawaja Mahmood Ahmad for Petitioners.
Headnotes / Summary
S.497--Penal Code (XLV of 1860), S.302/34--Bail--Bail sought on ground that there was delay of eight days in lodging the F.I.R.- Prosecution stating that challan had been submitted in Court but delay not explained--Petitioner allowed bail in circumstances of case. Allah Bakhsh v. Nazir Hussain Shah 1979 S C M R 139 cited. Najmul Hasan Gil for the State.
Judgment & Decree
Allah Bakhsh v. Nazir Hussain Shah 1979 S C M R 139 cited. Khawaja Mahmood Ahmad for Petitioners. Najmul Hasan Gil for the State. A case under section 302/34, P.P.C. was registered, against the petitioners with the Police Station Jalalpur Jattan, District Gujrat, vide F.I.R. No.429, dated 29-10-1986.
2. The petitioners, seek bail on the ground that there is delay of 8 days in lodging the F.I.R, Learned counsel contends that the injured remained in house for about 8 days, but was neither examined by any doctor nor any report was made. Learned counsel further submits that the doctor who conducted the post-mortem of the deceased was unable to determine the cause of death that is way the stomach contents were sent for the detection of poison. Learned counsel states that 3 witnesses who are stated to have seen the occurrence had filed their affidavits before the learned Additional Sessions Judge, that they had not seen the occurrence. In support of his contention learned counsel relies upon Allah Bakhsh v. Nazir Hussain Shah and another 1979 S C M R 137, wherein it has been held that in q case of such nature, it becomes a case of further inquiry.
3. Learned State counsel states that the challan in this case has been submitted in Court but the delay has not been explained. In these circumstances, I allow, the petitioners to be released on bail in the sum of Rs.20,000/- (Rupees twenty thousand only) each, with two sureties each, in the like amount, to the satisfaction of the Assistant Commissioner/Magistrate Gujrat. S.Q./F-29/L Bail granted.