2012 PLP 1288 (MLD)
VEZAR ALI — Petitioner Versus FAIQ ZAMAN and another — Respondents
| Citation | 2012 PLP 1288 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | VEZAR ALI — Petitioner Versus FAIQ ZAMAN and another — Respondents |
| Primary Law | Criminal ProceduretCode (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1288 (MLD)?
This judgment primarily cites: Criminal ProceduretCode (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1288 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1288 (MLD) (VEZAR ALI — Petitioner Versus FAIQ ZAMAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 497---Penal Code (XLV of 1860), S.324/34---Attempt to commit qatl-e-amd, common intention---Bail, grant of----Accused along with his three brothers were charged for single injury sustained by the complainant---One of the. brothers of accused was murdered on the following day of the occurrence, while another one was still absconding and other co-accused was allowed bail---Accused on principle of consistency, also deserved the same treatment as case against the accused and co-accused was identical on all aspects---Deputy Advocate General, did not oppose the concession of bail to accused as his co-accused with the same role and circumstances was -allowed bail---Accused was admitted to bail, in circumstances.
- Arshad Hussain Yousafzai for Petitioner.
- 3. I have heard the learned counsel for the accused-petitioner as well as the learned Deputy Advocate General and have also gone through the record of the case with their able assistance.
- 4. Without going into deep merits of the prosecution case or the plea of defence, suffice it to say that for single injury sustained by the complainant the petitioner along with his three brothers were charged. One of the brother of the accused-petitioner namely Tauheed Ali was murdered on the following day of the occurrence for which F.I.R. No.747 under section 302/34, P.P.C. was registered on 30-5-2010 while Zulfiaqar accused is still absconding. One of the co-accused namely Sattar Ali was allowed bail by this Court in Criminal Miscellaneous No.1069 of 2010 on 7-9-2010 and on the principle of consistency the accused-petitioner also deserves the same treatment as the case against the petitioner and his co-accused Sattar is identical on all aspects. The 'learned Deputy Advocate-General does not oppose the concession of bail to the accused-petitioner as his co-accused with the same role and circumstances was allowed bail by this Court earlier.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.324/34
Attempt to commit qatl-e-amd, common intention
Accused along with his three brothers were charged for single injury sustained by the complainant
One of the. brothers of accused was murdered on the following day of the occurrence, while another one was still absconding and other co-accused was allowed bail
Accused on principle of consistency, also deserved the same treatment as case against the accused and co-accused was identical on all aspects
Deputy Advocate General, did not oppose the concession of bail to accused as his co-accused with the same role and circumstances was -allowed bail
Judgment & Decree
SHAH JEHAN KHAN YOUSAFZAI, J.
Accused-petitioner Vezar facing prosecution in case F.I.R. No.742 dated 29-5-2010 under section 324/34, P.P.C. registered at Police Station, Kalu Khan District Swabi, was refused bail by the Courts below. Now he has approached this Court for his release on bail.
2. As per contents of the Murasila on 29-5-2010 at 13-20 hours Faiq Zaman complainant made the report of the incident to the effect that on the same day at about 12-30 hours he was busy in preparing fodder for buffaloes in his house when his son Siddique Zaman told him that accused Waizar Ali, Tauheed Zulfiqar and Sattar duly armed came and are taking the_ buffalos from the Khander. The complainant and his son came to the spot where they saw the accused party with whom verbal altercations took place on taking the buffaloes. In the meanwhile all the four accused started firing at the complainant party as a result of which Siddique Zaman son of the complainant sustained injuries while the complainant himself escaped unhurt.
3. I have heard the learned counsel for the accused-petitioner as well as the learned Deputy Advocate General and have also gone through the record of the case with their able assistance.
4. Without going into deep merits of the prosecution case or the plea of defence, suffice it to say that for single injury sustained by the complainant the petitioner along with his three brothers were charged. One of the brother of the accused-petitioner namely Tauheed Ali was murdered on the following day of the occurrence for which F.I.R. No.747 under section 302/34, P.P.C. was registered on 30-5-2010 while Zulfiaqar accused is still absconding. One of the co-accused namely Sattar Ali was allowed bail by this Court in Criminal Miscellaneous No.1069 of 2010 on 7-9-2010 and on the principle of consistency the accused-petitioner also deserves the same treatment as the case against the petitioner and his co-accused Sattar is identical on all aspects. The 'learned Deputy Advocate-General does not oppose the concession of bail to the accused-petitioner as his co-accused with the same role and circumstances was allowed bail by this Court earlier.
5. Resultantly, this bail application is accepted and the accused-petitioner is allowed bail on furnishing bail bond in the sum of Rs.1,00,000 (Rupees One Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate who shall ensure that the sureties must be local, reliable and men of means. The above are the reasons of my short order announced on 8-3-2011. H.B.T./202/P?????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.