1995 P Cr (PLP)
MIRZA and 3 others — Petitioners Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MIRZA and 3 others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (MIRZA and 3 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Taqi Khan for Petitioners.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S. 302/324/148/149
Accused had allegedly fired after, the fatal shot had already been fired by the co-accused
As a result of accused's firing a witness had received only one injury on his thigh, but from the material available on record neither the nature of the said injury could be determined, nor it was possible to state as to whose shot had hit the witness
Record did not help in forming an opinion if reasonable grounds existed to believe that the accused were guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years
Case against accused at best could be a case of further inquiry within the meaning of S.497(2); Cr.P.C. entitling them to the grant of bail-- Accused were admitted to bail accordingly.
Judgment & Decree
Muhammad Taqi Khan for Petitioners. Ch. Muhammad Hussain for the Complainant. Khadim Hussain Bhatti for the State. Mirza, Idrees, Najabat and Arif petitioners all cousins inter se were arrested on 24-8-1994 in pursuance of a case registered against them vide F.I.R. No.321/94, dated 9-8-1994 alleging the commission of offences under section 302/324/148/149, P.P.C. at Police Station Khanqah Dogran; District Sheikhupura, regarding an occurrence which allegedly took place on 9-8-1994 at about 6 p.m. in the area of Jhoke Kalan, which is said to be about 6 miles from Police Station Khanqah Dogran.
2. The only allegation against the present petitioners is that while variously armed with fire-arms they resorted to firing after the fatal shot had already been fired by co-accused Arshad and Nawaz and as a result of which Shahadat Ali had already been hit and probably had died at the spot. According to the prosecution it was thereafter that the petitioner fired and as a result of that one Zafar Iqbal was injured. It is not possible from the material A placed before me to state that whose shot hit Zafar Iqbal. However, the medico-legal report of Zafar Iqbal reveals only one injury on the left thigh and it is not possible to state the nature of the said injury because according to the doctor the said injury had been kept under observation, which is neither here nor there.
3. From the material that has been placed before me it is not possible for me even prima facie to form an opinion that reasonable grounds to believe that the petitioners are guilty of an offence punishable with death or imprisonment for life or 10 years exist. At best the case against the petitioners, may be a case of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which would entitle them to the grant of bail. Resultantly, the petitioners are granted bail provided they furnish bail bonds in the sum of Rs.50,000 each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura. N.H.Q./M-1953/L Bail granted.