PCRLJ 1984

1984 P Cr (PLP)

MUHAMMAD WARIS-Petitioner Versus THE STATE-Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 1771-B of 1982, decided on 31st July, 1982.
Honorable Judges
Muhammad Munir Khan, J
Case Reference Summary (AEO Optimized)
Citation 1984 P Cr (PLP)
Forum / Court Lahore
Bench Members Muhammad Munir Khan, J
Parties MUHAMMAD WARIS-Petitioner Versus THE STATE-Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1984 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 1984 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.

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

Cite this legal precedent as: 1984 P Cr (PLP) (MUHAMMAD WARIS-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Ashiq Hussain Malik for Petitioner.

Headnotes / Summary

S. 497 read with Penal Code (XLV of 1860), S. 302-Bail, grant of-[Murder case]-- Petitioner, all of a sudden, giving a kick blow in abdomen whereby deceased falling down from bus, becoming un conscious and eventually expired-No enmity between parties and petitioner; in jail for over one year while early disposal of case not yet in sight-Bail allowed, in circumstances.

Judgment & Decree

Ashiq Hussain Malik for Petitioner. This is an application for bail on behalf of Muhammad Waris in a case under section 302, P. P. C. registered at P. S. Saddar, Shahpur, vide F. I. R. No. 78, dated 25th June, 1981.

2. The prosecution case is that the petitioner who was conductor of Bus No. 2245-S G gave a kick blow in the abdomen of the deceased whereby he fell down and became unconscious. As a result of injuries he died on 26th August, 1981.

3. The learned counsel for the petitioner submits that at the worse it may be a case punishable under section 325, P. P. C. which does not fall within the prohibitory clause. The learned counsel for the State has opposed this application on the ground that since the knowledge can be attributed to the petitioner a case under section 304, Part 11, P.P.C. is at least made out which falls within the prohibitory clause.

4. After hearing the learned counsel for the parties, I find that the occurrence took place all of a sudden; there was no previous enmity between the parties that the petitioner gave a kick-blow as a result of which the deceased fell down from the bus and became unconscious, that the petitioner is in jail for the last snore than one year and as stated by the counsel the early disposal of the case is not in sight.

5. Without making any expression lest it may prejudice the merit', of the case, I admit the petitioner to bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C., Sargodha. S. G. D. Bail granted.