1996 SCMR 73 (PLP)
MUHAMMAD HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 SCMR 73 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri, JJ |
| Parties | MUHAMMAD HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 SCMR 73 (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 1996 SCMR 73 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 SCMR 73 (PLP) (MUHAMMAD HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner. Nemat Khan, Advocate for the State.
- Date of hearing: 18th September, 1995.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 23‑7‑1995 passed in Crl. Misc. 2962‑B/95). ‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail, grant of‑‑‑Accused who had allegedly made only a Lalkara had been found innocent by two police officers in two rounds of investigation‑‑‑Case against accused was, therefore, one of further inquiry‑‑ Petition for leave to appeal was consequently converted into appeal and the accused was admitted to bail accordingly.
Judgment & Decree
(On appeal from the order of the Lahore High Court dated 23‑7‑1995 passed in Crl. Misc. 2962‑B/95). ‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail, grant of‑‑‑Accused who had allegedly made only a Lalkara had been found innocent by two police officers in two rounds of investigation‑‑‑Case against accused was, therefore, one of further inquiry‑‑ Petition for leave to appeal was consequently converted into appeal and the accused was admitted to bail accordingly. Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner. Nemat Khan, Advocate for the State. Date of hearing: 18th September, 1995. RAJA AFRASIAB KHAN, J.‑‑‑On 3rd of June 1994 at 9‑30 a.m., a case under section 302/34, P.P.C. was registered on the statement of Muhammad Tufail against Muhammad Hussain petitioner and Khadim Hussain with Police Station Saddar, Gujranwala. The petitioner was alleged to have instigated his co‑accused Khadiin Hussain to kill Muhammad Akram. In compliance, Khadim Hussain fired and murdered Muhammad Akram. On 5‑6‑1995, a learned Additional Sessions Judge, Gujranwala dismissed the bail petition of the petitioner. A learned Judge in the Lahore High Court also dismissed his bail application vide order dated 23rd of July 1995. This petition seeking leave to appeal has been instituted. Learned counsel submits that the petitioner did not physically participate in the incident. The application has been opposed by the learned State Counsel. We have heard the learned counsel and have read the record with their assistance. The allegation against the petitioner is only that of Lalkara. He was found innocent by the D.S.P. of the area in an intensive investigation. Likewise, the petitioner was found innocent by the Superintendent of Police in A the second round of investigation. The fact that the petitioner was found innocent by two Police Officers would make it a case one of further inquiry. This petition is, therefore, converted into appeal and allowed. The petitioner is, accordingly, admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C./Ilaqa Magistrate, Gujranwala. Bail granted.