2008 PLP 249 (SCMR)
MUHAMMAD AZAM — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 249 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas, Actg. C. J. and Sardar Muhammad Raza Khan, J |
| Parties | MUHAMMAD AZAM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 249 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 249 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas, Actg. C. J. and Sardar Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 249 (SCMR) (MUHAMMAD AZAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai M. Tufail Khan Kharal, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(On appeal from the order, dated 5-4-2007 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous No.1309/B of 2007).
S. 497
Penal Code (XLV of 1860), Ss.302/149
Constitution of Pakistan (1973), Art.185(3)
Three co-accused who were found innocent during police investigation had been released on bail
Case of accused was at par with the case of the said co-accused but he along with others had been summoned by the Trial Court on the basis of private complaint
Accused was entitled to equal treatment as meted out to the aforesaid three co-accused in the eyes of law following the rule of consistency
Bail was allowed to accused accordingly. Chaudhry Munir Sadiq, Deputy Prosecutor-General Punjab for the State.
Judgment & Decree
RANA BHAGWANDAS, ACTG. C.J.--Petitioner is aggrieved of Lahore High Court, Lahore order, dated 5-4-2007 whereby his bail plea in F.I.R. No.118, dated 25-2-2006 registered at Police station, Lundianwala has been declined.
2. Petitioner along with co-accused Riaz, Abbas, Sarwar, Qasim and Sattar has been involved on the charge of commission of Qatl-e-Amd of deceased Zafar Iqbal. During the course of investigation, he along with co-accused Sarwar, Qasim and Sattar was found to be innocent and their names were shown in Column No.2 of the charge-sheet whereas co-accused Riaz and Abbas were produced before the Court in custody.
3. It is contended that three co-accused who were found innocent during course of investigation have been released on bail and the case of the petitioner is at par with their case but he along with others has been summoned by the trial Court on the basis of private complaint lodged, against him on or about 25-2-2006.
4. After hearing learned defence counsel and the State counsel, we feel that the case of the petitioner is identical to the case of Sattar, Sarwar and Qasim, therefore, he is entitled to equal treatment in the eyes of law, following the rule of consistency. We, therefore, admit the petitioner to bail doing the pendency of the trial against him with solvent surety in the sum of Rs.1,00,000 (Rupees one lac) and to the satisfaction of the trial Court.
5. For the afore-said reasons, order of the High Court is set aside. This petition is converted into appeal and allowed in the afore-said terms. N.H.Q./M-111/SC Bail allowed.