2017 PLP 191 (YLRN)
HANZLA AHSAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 191 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Mazhar Iqbal Sidhu, J |
| Parties | HANZLA AHSAN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 191 (YLRN)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 191 (YLRN)?
The case was heard and decided by the Lahore bench comprising: Mazhar Iqbal Sidhu, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 191 (YLRN) (HANZLA AHSAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ahsan Bhoon for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302, 148 & 149
Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly
Injuries attributed to accused were not descriptive of locales
Partway investigation, the police had opined that he was apprehended at the spot empty handed and such fact had been mentioned in the report prepared under S.173, Cr.P.C.
Police opinion might be taken into consideration for disposal of bail application
Prima facie, a case for grant of bail as to implication of accused was made out on the basis of principle of further inquiry
Bail was granted accordingly. [Para.5 of the judgment]
Ss. 173 & 497
Scope
Police opinion might be taken into consideration for disposal of bail application. [Para. 5 of the judgment] Ikram Ullah Niazi, D.P.-G. for the State with Irshad, SI.
Judgment & Decree
MAZHAR IQBAL SIDHU, J.
On 19.11.2015 Nasir Mehmood and Azim Ullah were proceeding by a motorcycle to their house, when reached near the shop of Iftikhar Tarar, Hanzla (petitioner) armed with chhura along with his co-accused Faseeh-ur-Rehman armed with chhura, Abdul Rehman armed with chhura, Qasim Chatha armed with pistol and Razi Chatha armed with pistol intercepted them. It has been alleged that Faseeh-ur-Rehman caused a chhura blow at Nasir Mehmood deceased hitting behind his left knee joint who fell to the ground. Thereafter co-accused Abdul Rehman caused a chhura blow hitting on left buttock of deceased. Then Hanzla (petitioner) caused blows with his chhura. Co-accused Qasim and Razi while aiming pistol kept on lalkaras. The deceased died of injuries at the spot. This incident was criminally conspired allegedly by Zafarullah Khan.
2. Learned counsel for the petitioner has argued that according to prosecution's own version, no specific seat of injury has been attributed to the petitioner; partway investigation, the petitioner has been found empty handed; nothing has been recovered from him, therefore, his case squarely comes within the mischief of further inquiry, thus, instant application may be accepted as impetrated.
3. Learned DPG has opposed the submissions that the petitioner is nominated in the FIR; the deceased received more than two injuries and that the police opinion has no relevance in presence of the ocular account. Learned counsel for the complainant has submitted that arguments of learned counsel for the petitioner tickles the Court to appreciate the facts by profundity but this practice is not permitted at bail stage.
4. Tripartite arguments heard. Record perused.
5. The injuries attributed to the petitioner are not descriptive of locales. Partway investigation, the police has opined that he was apprehended at the spot empty handed and this fact has been mentioned in the report prepared under section 173, Cr.P.C. Police opinion may be taken into consideration for the disposal of bail application. Prima facie, a case for the grant of bail as to implication of the petitioner is made out on the basis of principle of further inquiry. Hence, instant application is accepted and the petitioner is granted bail provided his furnishing bail bond in the sum of Rs.2,00,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of the learned trial court. WA/H-20/L Bail granted.