YLR 2008

2008 PLP 774 (YLR)

QAISER AFZAL and another — Petitioners Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.2753-B of 2006, decided on 24th April, 2006.
Honorable Judges
Ali Nawaz Chowhan, J
Case Reference Summary (AEO Optimized)
Citation 2008 PLP 774 (YLR)
Forum / Court Lahore
Bench Members Ali Nawaz Chowhan, J
Parties QAISER AFZAL and another — Petitioners Versus THE STATE — Respondent
Primary Law (a) Criminal Procedure Code (V of 1898), (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 2008 PLP 774 (YLR)?

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

Q2: Which judicial bench decided the case 2008 PLP 774 (YLR)?

The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan, J.

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

Cite this legal precedent as: 2008 PLP 774 (YLR) (QAISER AFZAL and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

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

Headnotes / Summary

S.497(2)

Penal Code (XLV of 1860), Ss.302, 324, 148, 149 & 109

Bail, grant of

Further inquiry

Co-accused had already been exonerated by the police, his case calling for further inquiry, he was admitted to bail.

S.497

Penal Code (XLV of 1860), Ss.302, 324, 148, 149 & 109

Bail, refusal of

Case of accused was quite different 'from co-accused who was granted bail

Bail petition of accused was dismissed. Saif-ul-Malook for the Petitioner. Zafar Iqbal Chowhan for the Complainant. Fazilat for the State.

Judgment & Decree

ALI NAWAZ CHOWHAN, J.

The petitioners are asking for their post-arrest bail in case F.I.R. No.726 of 2005, dated 5-7-2005, registered under sections 302/324/148/149/109, P.P.C. at Police Station Kot Momin, District Sargodha.

2. The story of the prosecution as reflected in the F.I.R. is reproduced below:

3. Learned counsel for the petitioners while arguing for bail has stated that Javed son of Riaz, petitioner has already been exonerated by the police. In this connection, Zimni No. 41, dated 27-10-2005 is relevant. Muhammad Sharif, S.-I. present in the Court when confronted with this situation, he stated that this Zimni which has been duly verified by the Circle Incharge, exonerates petitioner Javed son of Riaz. Regarding Qaiser Afzal son of Muhammad Afzal the matter is quite different.

4. So far as the case of Javed son of Riaz is concerned, it calls for further inquiry. Therefore, this Court allows him bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. However, the bail petition to the extent of Qaiser Afzal, petitioner No.1 is dismissed. H.B.T./Q-9/L Order accordingly.