2007 PLP 1402 (YLR)
RIZWAN KASHIF — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1402 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ali Nawaz Chowhan, J |
| Parties | RIZWAN KASHIF — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1402 (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 2007 PLP 1402 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1402 (YLR) (RIZWAN KASHIF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Ahmad Bajwa for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302, 324 & 34
Investigating Officer stated that accused though was present at the place of occurrence, but he was not among the aggressors, rather he was trying to bring about compromise inter se the parties; and was trying to part them away from fight and in that connection he had also snatched a gun from one of the assailants
Such role of accused was confirmed by many other eye-witnesses
Ipse dixit of police though was not binding on the court, but what had been stated by Investigating Officer was not ipse dixit as it was based on proper and thorough investigation, about which he had made a full mention in his detailed Zimni
Said opinion of police, in circumstances would be of value for accused at bail stage
Case of further inquiry having been made out against accused, he was admitted to bail. Ms.Naurin Fatima for the State. Tariq Awan, Inspector.
Judgment & Decree
ALI NAWAZ CHOWHAN, J.--The matter pertains to case F.I.R. 145 dated 11-2-2005 registered at Police Station Baghbanpura, Lahore, under sections 302, 324 and 34, P.P.C. The story as narrated in the F.I.R. by Khadim Hussain complainant is in the following words:- It appears from the F.I.R. that Rizwan Kashif, the present petitioner, he has been attributed the third fire at the deceased. The only thing which is going in favour of the petitioner at this particular stage is the statement of the I.O. Mr. Tariq. Awan Inspector, who is present before this Court. He has shown to this Court his Zimni recorded on 25-5-2005. According to him, after his thorough investigation he has come to the conclusion that although Rizwan Kashif was present at the place of occurrence but he was not amongst the aggressors rather he was trying to bring about a compromise inter se the parties and was trying to part them away from the fight and in this connection he had also snatched a gun from one of the assailants. That this role of his was affirmed by many other eye-witnesses. He went on to say that it was not one person but many persons who came forwarded with this version as far as the petitioner Rizwan Kashif is concerned. It is said that he is being placed in column No.2 of the challan. The ipse dixit of the police is, of course, not binding on the Court. But what else will be the evidence available while a case is being viewed. However what has been stated by Mr. Tariq Awan, Inspector, is not an ipse dixit but is based on a proper and thorough investigation, about which he has made a full mention in his detailed Zimni. This opinion, therefore, will be of value for the petitioner at this stage, but always subject to the condition that if there was any incriminating aspect brought on the file then this may get diminished or liable to be reviewed. What has been stated before this Court, makes this case one of further inquiry and, therefore, this Court admits him to post-arrest bail, subject to his furnishing bail bond in the sum of Rs.1,00,000 with a respectable local surety in the like amount to the satisfaction of the trial Court. Provided always that this order will be liable to be recalled on discovery of further incriminating facts against the petitioner. H.B.T./R-1/L?????????????????????????????????????????????????????????????????????????????????????? Bail granted.