2003 P Cr (PLP)
FAZAL MIR ‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | 2003 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | Ijaz‑ul‑Hassan, J |
| Parties | FAZAL MIR ‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: Ijaz‑ul‑Hassan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 P Cr (PLP) (FAZAL MIR ‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Attaullah Khan for Petitioner.
- Date of hearing: 15th November, 2002.
Headnotes / Summary
‑‑S. 497‑‑‑Penal Code (XLV of 1860) Ss.302/324‑‑‑Bail, grant of‑‑ Accused was one of the persons charged for murder‑‑‑Complainant was stated to have gone abroad and his whereabouts were not known‑‑‑Co‑accused had already been granted bail in the case‑‑ Accused could not be discriminated and had to be treated fairly and equally with other accused‑‑‑Accused was granted bail in the circumstances. Fazil Khaliq alias Hafiz v. The State 1996 SCMR 364 ref. Malik Akhtar Khan for the State. Abdul Fayaz Khan for the Complainant.
Judgment & Decree
Fazil Khaliq alias Hafiz v. The State 1996 SCMR 364 ref. Attaullah Khan for Petitioner. Malik Akhtar Khan for the State. Abdul Fayaz Khan for the Complainant. Date of hearing: 15th November, 2002. Fazal Mir petitioner, one of the accused persons in case F.I.R. No.26 registered at Police Station Dawaba (Hangu) on 16‑1‑1992 under sections 302/324, P.P.C., has been refused the concession of bail by Additional Sessions Judge/Judge Special Court, Hangu vide order dated 26‑6‑2002. The petitioner has approached this Court with the similar prayer and in support of the bail application Mr. Attaullah Khan, Advocate for the petitioner contends that co‑accused in this case have already been admitted to bail and the petitioner is also entitled for the grant of bail in view of the principle of consistency. Conversely, Mr. Abdul Fayaz, Advocate for the complainant assisted Malik Muhammad Akhtar, Advocate for the State opposed the bail application on the ground that petitioner remained fugitive from law for sufficient long time and his conduct does not qualify him for the concession of bail.
2. The petitioner, as stated above, is one of the accused persons charged for murder of Jalat Khan father of Gul Zamir complainant. The complainant is stated to have gone abroad and his whereabouts are not known. The co‑accused have already been allowed bail in this case. I find myself in agreement with learned counsel for the Petitioner that his client could not be discriminated and had to be treated inter se fairly and equally. Fazil Khaliq alias Hafiz v. The State 1996 SCMR 364.
3. The application is accepted and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lacs) with two sureties each in the like amount to the satisfaction of the trial Court. S.M.A.H.1676/P Bail granted.