PCRLJ 2007

2007 P Cr (PLP)

ZULFIQAR AHMAD — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
2006-September-22
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2007 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties ZULFIQAR AHMAD — 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 2007 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 2007 P Cr (PLP)?

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: 2007 P Cr (PLP) (ZULFIQAR AHMAD — 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

  • Raja Amjad Mahmood for Petitioner.

Headnotes / Summary

S. 497

Penal Code (XLV of 1860), Ss.381 & 411

Bail, refusal of

Allegation against accused was that he hired a Pick-up owned by complainant and thereafter administering intoxicant to the driver snatched the vehicle and demanded amount for return of same

Said vehicle had been recovered on the pointation of accused

Accused was involved in so many other cases of similar nature

Accused in his statement made by him before Political Tehsildar, had admitted occurrence as narrated by complainant and he also admitted his involvement in other cases

Offence for which accused was charged, though did not fall under prohibitory clause of S.497, Cr.P.C., but on that sole ground, accused was not entitled for discretionary relief of bail as he was involved in so many other cases of similar nature and there was every likelihood that he would repeat same offence

During investigation, it was also found that accused had connection with the gangs of car snatchers and car lifters

Trial Court had rightly held accused a hardened criminal

Challan had been submitted in the Trial Court

Accused did not deserve any leniency

Bail application of accused was dismissed, in circumstances.

Judgment & Decree

SYED SAJJAD HUSSAIN SHAH, J.

Petitioner Zulfiqar Ahmad through the instant petition has sought post-arrest bail in a case F.I.R. No.129, dated 7-6-2005 under section 381-A/411, P.P.C. registered with Police Station Fateh Jang, District Attock.

2. Briefly the allegation against the petitioner is that he hired Suzuki Pick-up No.LOK-2171 from the complainant for loading rice and selling the same in the area of Fateh Jang. He gave his address being resident of Tehsil Bhalwal. He also gave his Mobile No.0301-5561085 to the complainant. On 5-6-2005, after administering some intoxicants to the driver of the complainant, took the vehicle to the tribal area. Thereafter he made a call to the complainant from the said mobile number and demanded Rs.2,00,000 for taking back his Suzuki Pick-up from Dera Adam Khel. He was apprehended from there and vehicle was also recovered from his possession.

3. It is contended by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case by the police with mala fide intention; the prosecution story is false; the petitioner has no concern with the person named in the F.I.R.; the case against the petitioner calls for further inquiry; he is previous non-convict; he is behind the bars and no more required for further investigation.

4. Conversely, the learned counsel for the State opposed the instant petition.

5. The petitioner hired a Pick-up owned by the complainant and thereafter administering intoxicant to the driver, snatched the vehicle and demanded Rs.2,00,000 for return of the same. During investigation, it transpired that his real name is Zulfiqar whereas he at the time of hiring of vehicle given his name as Riaz Ahmad. The vehicle has been recovered on the pointation of the petitioner. He is involved in so many other cases of similar nature. The petitioner has made a statement before the Political Tehsildar, (FR), Kohat and admitted the occurrence as narrated by the complainant. He also admitted his involvement in other cases. Although, the offence for which the petitioner is charged does not fall under the prohibitory clause but on this sole ground, he is not A entitled for the discretionary relief of bail as he is involved in so many other cases of similar nature. There is every likelihood that he may repeat the same offence. During the investigation, it was also found that he has connections with the gangs of car snatchers and car lifters. After perusing the entire record, the trial Court has rightly held him a hardened criminal. In these circumstances, the petitioner does not deserve any leniency. Hence, this petition being devoid of any merit is dismissed.

6. It is informed that the challan has been submitted in the trial Court. The trial Court is directed to conclude the trial expeditiously preferably within three months. However, the petitioner may approach this Court again, if the trial is not completed within the time determined by this Court. H.B.T./Z-42/L????????????????????????????????????????????????????????????????????????????????????? Bail refused.