2002 PLP 442 (MLD)
EHSAN ULLAH — Petitioner Versus THE STATE — Respondent
| Citation | 2002 PLP 442 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | EHSAN ULLAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2002 PLP 442 (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 2002 PLP 442 (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: 2002 PLP 442 (MLD) (EHSAN ULLAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahryar Sheikh for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), S.302/34
Accused had not caused any fire-arm injury either to the deceased or anybody else
Simple injuries were attributed to accused having been caused to prosecution witnesses with the butt of his gun
Vicarious liability of accused for causing death of the deceased was, therefore, a matter of further inquiry and probe
Judgment & Decree
Ehsan Ullah son of Nazar Hussain, petitioner seeks post -arrest bail in case F.I.R. No.471 of 2000, dated 26-10-2000, under section 302/34, P.P.C. registered as Police Station Noshera Virkan, District Gujranwala, at the instance of Muhammad Sharif, for commission of murder of Fazal Hussain. Post-arrest bail was refused to the petitioner by the learned Additional Sessions Judge, Gujranwala vide order, dated 30-5-2001. . Learned -counsel for the petitioner contends that the F.I.R. was lodged with unexplained two days delay; that the petitioner has not been attributed any injury having been caused to the deceased but he has been alleged having caused simple injury to the prosecution witnesses with butt of his gun. Conversely, the bail has been opposed by the learned State counsel by arguing that the offence falls under the prohibitory clause and the petitioner has actively participated in the commission of the crime. Heard. Record perused. The, petitioner has not caused any injury to the deceased Fazal Hussain, bur he has been attributed simple injuries to Ghulam Rasool and Zulfiqar, P.Ws. with butt of the gun. The petitioner has not caused fire-arm injury to any one during the "occurrence, therefore, whether the petitioner is vicariously liable for causing death of Fazal Hussain is a matter of further inquiry and probe. Resultantly, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. N.H.Q./E-16/L. Bail allowed.