1994 PLP 1311 (MLD)
SHAFQAT BARI — Petitioner Versus THE STATE — Respondent
| Citation | 1994 PLP 1311 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHAFQAT BARI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 PLP 1311 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1311 (MLD)?
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: 1994 PLP 1311 (MLD) (SHAFQAT BARI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yusuf Ali Khan for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.302/344/109/34
Contentions were that no particular injury had been ascribed to the accused, that the offence charged had been modified to S.316, P.P.C. although the offence in the other identical cases had been altered to S.319, P.P.C. which at the most attracted five years' imprisonment demonstrating mala fides of the prosecution and that with the submission of the challan accused was no more required by the Investigating Agency
Contentions had, prima facie, constituted sufficient grounds for further inquiring into the involvement of accused in the offence charged
Judgment & Decree
Bail is being sought in the case registered vide F.I.R. No.210 of 22-10-1993 under section 302/344/109/34, P.P.C. at Police Station New Anarkali, Lahore alleging the murder of Muhammad Anwar by police torture while under investigation as a suspected accused of the case reported vide F.I.R. No.147 of 17-6-1993 under section 302, P.P.C. at Police Station Manga, Lahore, by the within named petitioner's subordinate staff under his personal supervision and participation.
2. Contending non-ascription of any particularised injury to the petitioner, the offence charged has been modified to section 316 ibid though in the identical cases viz. F.I.Rs. No.117 of 12-4-1993 at Police Station Muridke, District Sheikhupura and No.85 of 29-3-1993 at Police Station Civil Lines, Lahore, the offences were altered to section 319 ibid which at the most attracts 5 years' imprisonment thus is patently demonstrative of mala fide of the prosecution for' extraneous consideration and with the submission of the challan is no more required by the investigating agency.
3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.
4. Prima facie, not only the contentions urged by the learned counsel for the petitioner constitute sufficient grounds for further enquiring into his involvement in the offence charged but also with the submission of challan is no more required by the investigating agency; consequently, is allowed bail upon furnishing bond in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of the trial Court or A.C. City, Lahore. N.H.Q./S-447/L Bail allowed.