1988 P Cr (PLP)
MUHAMMAD BOOT A — Petitioner Versus THE STATE — Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Rustam S. Sidhwa, J |
| Parties | MUHAMMAD BOOT A — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Rustam S. Sidhwa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (MUHAMMAD BOOT A — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Nadim Saqlain for Petitioner.
Headnotes / Summary
S 497--Penal Code (XLV of 1860), S. 302--Bail, grant of--Accused 14 years of age--High Court by exercising discretion provided under S.497(1), Cr.P.C. granted bail to accused.--[Age]. Miss Agnas Tubassam for the State.
Judgment & Decree
Syed Nadim Saqlain for Petitioner. Miss Agnas Tubassam for the State. This is a petition under section 497/498, Cr.P.C. by Muhammad Boota, petitioner, for bail in respect of a case instituted against him under section 302, P.P.C. at Police Station Kunjah, District Gujrat, on, 16-11-.1984.
2. The prosecution case in brief is that Mst. Akbari Bibi deceased, with her daughter Mst. Zarina Bibi and her minor son Muhammad Taufiq were passing by the place where Muhammad Boota, petitioner was sitting eating a guava. Muhammad Taufiq demanded a guava from the petitioner, who resented the request and abused the minor. Mst. Akbari Bibi objected to the same, whereupon the petitioner picked up a clod of earth and threw the same on her striking her chest. Mst. Zarina and Muhammad Taufiq raised alarm when, in the meantime, the petitioner drew out a Chhuri from the Nepha of his Shalwar and Stabbed Mst. Akbari Bibi on her left chest. Mst. Akbari Bibi succumbed to the injury after a short time.
3. I have heard the arguments of the learned counsel for the petitioner and the State. Bail is pressed only on the ground that Muhammad Boota petitioner, was fourteen years old at the time of the commission of the offence. Exercising my discretion in the petitioner's behalf, by virtue of the power provided in the first proviso to subsection (1) of the section 497 of the Code of Criminal Procedure, I hereby hold that the petitioner is entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Muhammad Boota, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujrat. S.A./M-580/L Bail granted.