2018 PLP 83 (YLRN)
MUHAMMAD DILDAR — Petitioner Versus The STATE and another — Respondents
| Citation | 2018 PLP 83 (YLRN) |
| Forum / Court | Peshawar(Abbottabad Bench) |
| Bench Members | Syed Muhammad Attique Shah, J |
| Parties | MUHAMMAD DILDAR — 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 2018 PLP 83 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 83 (YLRN)?
The case was heard and decided by the Peshawar(Abbottabad Bench) bench comprising: Syed Muhammad Attique Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 83 (YLRN) (MUHAMMAD DILDAR — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kamran Gul for Petitioner.
- Mumtaz for Respondent (State Counsel).
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302 & 109
Arms Act (XXIII of 2013), S. 15
Qatl-i-amd, abetment, unlicensed possession of arms
Accused allegedly committed murder of his wife by firing at her
Accused also lodged a report regarding the same occurrence, wherein he alleged that on the day of occurrence he left home at 7.30 am for his work and his brother informed him that his wife had committed suicide with gun
Accused was directly charged in the FIR by complainant(brother) for committing murder of his wife but the occurrence was not witnessed by complainant or anybody else
Accused informed the complainant about occurrence on the same day and complainant party brought the dead body of deceased from the house of accused to his native village and buried her
After two days of occurrence complainant lodged the present FIR
Case of accused was that of further inquiry into his guilt under subsection (2) of S.497, Cr.P.C.
Judgment & Decree
SYED MUHAMMAD ATTIQUE SHAH, J.
Accused-petitioner Muhammad Dilar, after having been refused bail by the learned lower Court in case FIR No.32, dated 18.12.2016 under sections 302/109 of Pakistan Penal Code, 1860, read with section 15 AA KPK, registered at Police Station Lora, District Abbottabad, has approached to this Court for the same relief by filing the instant bail petition.
2. The allegation against the accused-petitioner, as reveals from the report. of Fazal-i-Tariq son of Fazal-i-Rabbi, complainant lodged by him on 18.02.2016 at 1400 hours, is that her sister Mst. Nooria Bibi was married to accused/petitioner, who committed her murder at the instance of his first wife by firing at her.
3. Arguments of the learned counsel for the . accused/petitioner and learned State Counsel heard and the record perused. The complainant despite his personal service refused to appear before the Court.
4. Perusal of record would reveal that the accused/petitioner has also lodged a report in PS Lora regarding the occurrence, which was recorded in the Daily Diary at Serial No.16 dated 16.02.2016, wherein, he alleged that on the day of occurrence he left home at 7.30 am for his work and his brother informed him that Mst. Nooria Bibi, his wife had committed suicide with 12 bore shot gun. No doubt, the present accused/petitioner is directly charged in the FIR by the complainant for committing Qatl-i-amd of his wife but the occurrence was not witnessed by the complainant or anybody else. The accused/ petitioner informed the complainant about the occurrence on the same day and the complainant party brought the dead body of deceased Mst. Nooria Bibi from the house of accused/petitioner .to his native village and buried her. After two days of the occurrence on 18.02.2016, the complainant submitted an application to DSP, Circle Havelian, Abbottabad wherein, he charged the accused/ petitioner for murder Mst. Nooria Bibi, sister of the complainant. In peculiar facts and circumstances of the case in hand, the case of the present accused/petitioner is that of further inquiry into his guilt under subsection (2) of section 497, Cr.P.C.
5. The observations of this Court rendered hereinabove, would not affect the. case of the accused/petitioner during the trial, in any manner whatsoever.
6. Consequently, this bail application is accepted and Muhammad Dilar son of Muhammad Sabir, accused-petitioner is admitted to bail, subject to his furnishing bail bonds in the sum of Rs.100,000/- (Rupees one lac) with two sureties each in the like amount, to the satisfaction of the trial Court. WA/289/P Bail granted.