2011 PLP 1997 (SCMR)
GUL DIN — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 PLP 1997 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ |
| Parties | GUL DIN — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 1997 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1997 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1997 (SCMR) (GUL DIN — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Zahid Hussain Bokhari, Advocate Supreme Court for Petitioner.
- Nemo for Respondent No.2.
- Date of hearing: 8th July, 2011.
Headnotes / Summary
(On appeal from the order dated 12-4-2011 of the Lahore High Court, Bahawalpur Bench, Bahawalpur passed in Criminal Miscellaneous No.566-B of 2011/BWP).
S. 497(2)
Penal Code (XLV of 1860), Ss. 302/148/149
Constitution of Pakistan, Art. 185(3)
Qatl-e-amd and rioting with deadly weapons
Counter version
Free fight
Occurrence was a sudden and free fight in which participants of both groups sustained injuries
Accused was not attributed any specific role and complainant through supplementary statement alleged that fatal injury was caused by accused
Counter version of the occurrence had been put forward by accused
One of the accused in counter version was allowed bail by Supreme Court
Occurrence was not pre-meditated and it was case of further probe and inquiry
Bail was allowed. Asjad Javed Ghural, Additional P.-G. for the State.
Judgment & Decree
MAHMOOD AKHTAR SHAHID SIDDIQUI, J.
The petitioner Gul Din seeks post-arrest bail in case F.I.R. No. 231 of 2010 dated 29-5-2010 under sections 302/148/149, P.P.C. at Police Station Yazman, District Bahawalpur.
2. The prosecution case in brief is that on 29-5-2010 at about 4-30 p.m. complainant's brother Muhammad Aslam aged about 12/13 years picked up a quarrel with petitioner's son Abdul Malik. There was an exchanged of abuses, however, the matter was patched up with the intervention of the P.Ws. present there, Shortly thereafter, the petitioner and 15 others armed with sotas made a murderous assault on the complainant. In the meantime, Adam Khan deceased, Shabrat Khan, Gulab Khan and Shabbo Khan came to rescue the complainant. Allegedly, Aslam Khan, Abdur Rehman Khan, Abdullah Khan, Irshad Khan and the present petitioner assaulted Adam Khan deceased with sotas. They also caused injuries to Shabrat Khan, Gulab Khan and Shabbo Khan with sotas and hurled brick bats. All the injured persons including the petitioner were removed to the B.V. Hospital, Bahawalpur where Adam Khan succumbed to the injuries. The matter was reported to Fayyaz Hussain, S.-I. at Police Station Yazman. It was also mentioned in the F.I.R. that the accused has also sustained injuries in the occurrence.
3. The motive for the offence is that two days prior to the occurrence, the children of both the parties while playing cricket had fought with each other.
4. After having heard the learned counsel for the parties and going through the record. We have found that it was a sudden and free fight in which participants of both the groups sustained injuries. According to the F.I.R. the petitioner has not attributed any specific role. The complainant through a supplementary statement alleged that the fatal injury was caused by the petitioner. There is a counter version of the occurrence as well which has been put forward by the petitioner. Anwar Khan accused in counter version has been allowed bail by this Court in the case Criminal Petition No.322-L of 2011 vide order dated 27-5-2011. The occurrence is certainly not pre-meditated. We are of the considered view that it is a case of further probe and inquiry, therefore, this petition is converted into an appeal and the same is hereby allowed.
5. The appellant is ordered to be released on bail subject to furnishing bail bond in the sum of Rs.100,000 with two sureties each in the like amount to the satisfaction of the trial Court. M.H./G-13/SC Bail allowed.