PCRLJ 2004

2004 P Cr (PLP)

ZARGHUN SHAH‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents

Jurisdiction / Court
Peshawar
Decided Date
Criminal Miscellaneous No.518 of 2003, decided on 15th September, 2003.
Honorable Judges
Ijaz‑ul‑Hassan Khan, J
Case Reference Summary (AEO Optimized)
Citation 2004 P Cr (PLP)
Forum / Court Peshawar
Bench Members Ijaz‑ul‑Hassan Khan, J
Parties ZARGHUN SHAH‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
Primary Law (b) Criminal Procedure Code (V of 1898)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?

This judgment primarily cites: (b) Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2004 P Cr (PLP)?

The case was heard and decided by the Peshawar bench comprising: Ijaz‑ul‑Hassan Khan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2004 P Cr (PLP) (ZARGHUN SHAH‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(b) Criminal Procedure Code (V of 1898)‑‑‑

Representation

  • Mian Fazli Amir Khan for Petitioner.
  • Date of hearing: 15th September, 2003.

Headnotes / Summary

(a) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.302/337(i)/34‑‑‑Bail, grant of‑‑‑Accused Was directly charged in promptly lodged report for murder of deceased and' attempted murder. of the complainant‑‑‑Medical report and witnesses of occurrence had fully supported the charge against accused‑‑‑Mere filingof crosscase against each other could not considered a good ground for release of accused on bail, unless an element of genuineness was there‑‑‑In cases of counter version, rule to be followed was that if one party was granted bail, other party was also entitled to the same relief, but that rule would be applicable only in cases of genuine counter‑version‑‑‑Accused having not succeeded to make out a case for grant of bail, his bail application was dismissed. Muhammad Hussain v. The State 1993 PCr.LJ 623; 1992 501 and 1995 SCMR 860 ref. ‑‑‑‑S. 497‑‑‑Bail, grant of‑‑‑Counter‑version‑‑‑Rule to be followed was that if one party was granted bail, the other party was also entitled to the same relief, but that rule would be applicable in cases of genuine counter version. Manzoor Ahmad for the State.

Judgment & Decree

(a) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.302/337(i)/34‑‑‑Bail, grant of‑‑‑Accused Was directly charged in promptly lodged report for murder of deceased and' attempted murder. of the complainant‑‑‑Medical report and witnesses of occurrence had fully supported the charge against accused‑‑‑Mere filingof crosscase against each other could not considered a good ground for release of accused on bail, unless an element of genuineness was there‑‑‑In cases of counter version, rule to be followed was that if one party was granted bail, other party was also entitled to the same relief, but that rule would be applicable only in cases of genuine counter‑version‑‑‑Accused having not succeeded to make out a case for grant of bail, his bail application was dismissed. Muhammad Hussain v. The State 1993 PCr.LJ 623; 1992 501 and 1995 SCMR 860 ref. (b) Criminal Procedure Code (V of 1898)‑‑‑-- ‑‑‑‑S. 497‑‑‑Bail, grant of‑‑‑Counter‑version‑‑‑Rule to be followed was that if one party was granted bail, the other party was also entitled to the same relief, but that rule would be applicable in cases of genuine counter version. Mian Fazli Amir Khan for Petitioner. Manzoor Ahmad for the State. Date of hearing: 15th September, 2003.