2008 PLP 329 (MLD)
MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 329 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASLAM — 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 329 (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 2008 PLP 329 (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: 2008 PLP 329 (MLD) (MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302/34
Accused had sought bail on the grounds; that case against him was outcome of malice and misunderstanding; that no overt act or motive had been assigned to him as he being empty-handed did not share the common intention and did not cause even a scratch to deceased; that complainant, who happened to be the husband of deceased and eye-witness of occurrence, had sworn an affidavit to the effect that he had no objection for the grant of bail to accused and that accused was not present at the time and place of occurrence; and that accused was behind the bars for the last about a year without any progress in the trial
State Counsel and complainant did not seriously object to the grant of bail on the grounds urged at the bar by accused
Provisions of further inquiry were fully attracted making out a case for interference
Judgment & Decree
SH. AZMAT SAEED, J.
This order shall dispose of Criminal Miscellaneous No. 2130-B of 2007 filed on behalf of petitioner Muhammad Aslam seeking post-arrest bail in case F.LR. No. 292, dated 9-10-2006 registered with Police Station Sahoo Ka District Vehari for offences under section 302/34, P.P.C.
2. Muhammad Akram complainant husband of deceased disclosed in the F.I.R. that on the fateful day while they were working in the cotton field, petitioner empty-handed also emerged at the scene of crime and raised Lalkara to do away with the wife of the petitioner, whereupon, Muhammad Afzaal fired from his pistol hitting the back of left shoulder causing her spontaneous death.
3. The main thrust of the argument of the learned counsel for the petitioner is that present case is an outcome of malice and misunderstanding. Adds that no overt act and motive has been assigned to the petitioner who was empty-handed, was not sharing the common intention to kill and did not cause even a scratch to deceased. Last but not the least, learned counsel vehemently asserts that complainant who happens to be the husband of his deceased wife and the eye-witness of the occurrence, has sworn an affidavit categorically reiterating that the former has no objection for the grant of bail to the petitioner and that the latter was not present at the time and place of occurrence and this being an extenuating circumstances and a valid ground for the grant of bail to petitioner who is behind the bars for the last about a year without any progress in the trial.
4. Learned counsel for the State and complainant do not seriously object to the grant of bail on the grounds urged at the bar by the learned counsel for the petitioner.
5. Evaluating the pros and cons of the present case, I am of the considered view that provisions of further inquiry are fully attracted making out a case for interference. Therefore, I direct that petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.200,000 (two lacs) with two sureties each in the like amount to the satisfaction of the trial Court. H.B.T./M-529/L Bail granted.