2006 PLP 2991 (YLR)
MUHAMMAD RAFIQUE — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 2991 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | MUHAMMAD RAFIQUE — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 2991 (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 2006 PLP 2991 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2991 (YLR) (MUHAMMAD RAFIQUE — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Masood Chaudhry for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302, 148 & 149
Accused was attributed only ineffective firing and he had been declared innocent during investigation by the police and nothing had been recovered from his possession
Keeping accused in jail in such circumstances, would serve no useful purpose for the prosecution and there was no likelihood of conclusion of the Trial in near future
Even otherwise, bail could not be withheld as a punishment
Accused was admitted to bail, in circumstances. PLD 1972 SC 82 ref. Ashfaq Chaudhry for the State along with Amjad Javed, A.S.-I.
Judgment & Decree
IJAZ AHMAD CHAUDHRY, J.--Through this petition under section 497, Cr.P.C., the petitioner seeks bail after arrest in case F.I.R. No.126 dated 29-4-2005, registered under sections 302/ 148/149, P.P.C. at Police Station, Saddar Pasrur District Sialkot on the application of Zulfiqar Ali.
2. The brief allegation against the petitioner is that he while armed with rifle and Abdur Rehman co-accused who was armed with Sota along with others had committed the murder of Muhammad Boota father of the complainant.
3. Learned counsel for the petitioner contends that the petitioner has been declared innocent during the investigation by the police and nothing has been recovered from his possession and only allegation against him is of ineffective firing, hence, he may be enlarged on bail.
4. On the other hand learned counsel for the State has opposed this petition on this ground that the petitioner is named in the F.I.R. and he had participated in the occurrence and offence falls within the prohibitory clause of section 497, Cr.P.C.
5. I have heard the learned counsel for the parties and perused the record with due care and caution.
6. The petitioner is attributed only ineffective firing and he has been declared innocent during the investigation by the police and nothing has been recovered from his possession. In such circumstances keeping the petitioner in jail will serve no useful purpose for the prosecution and there is no likelihood of the conclusion of the trial in near future. Even otherwise., bail cannot be withheld as a punishment as is laid down in a case reported in PLD 1972 SC
82. Hence, this application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac only) with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate. H.B.T./M-471/L????????????????????????????????????????????????????????????????????????????????? Bail granted.