2000 PLP 1709 (MLD)
ABID and another‑‑‑Petitioners Versus STATE‑‑‑Respondent
| Citation | 2000 PLP 1709 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Falak Sher, J |
| Parties | ABID and another‑‑‑Petitioners Versus STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 1709 (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 2000 PLP 1709 (MLD)?
The case was heard and decided by the Lahore bench comprising: Falak Sher, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1709 (MLD) (ABID and another‑‑‑Petitioners Versus STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Yasin Farrukh Kamboh for Petitioners.
- Date of hearing: 16th February, 2000..
Headnotes / Summary
‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.392‑‑‑Bail, grant of‑‑‑Incident was reported twelve days after preliminary investigation without spelling out any basis for suspecting accused to be the culprits‑‑‑Identity of accused had not been divulged in the F.I.R. and cited witnesses were only reported to have identified wrist‑watch and registration book of motor bike of accused which by no stretch of imagination would advance prosecution case qua identity of accused‑‑‑Alleged recovery of registration book and cash was riot witnessed by any private person from the vicinity‑‑‑Accused had already suffered more than eleven months internment and they were no more required by investigating agency and trial of case had not so far commenced‑‑‑Accused were allowed bail, in circumstances. Ch. Muhammad Azeem for the State.
Judgment & Decree
Ch. Muhammad Azeem for the State. Date of hearing: 16th February, 2000.. Petitioners having been arrested in the case registered vide F.I.R. No. 141 of 19‑3‑1999 under section 392, P.P.C. Police Station B Division, Kasur alleging robbing of the complainant of Rs.4,000 cash I.D. Card, wrist‑watch and registration book of the within mentioned motorbike he was riding enroute to his place of abode about 9‑00 p.m. within immediate vicinity of the shrine of Barat Shah by two youthful offenders at pistol point on 7‑3‑1999 of which the petitioners were suspected further the wrist‑watch and copy of the registration book of the complainant's motorbike could be identified by Muhammad Aslam and Muhammad Siddique have ought bail.
2. Contending belated reporting of the incident for 12 days after preliminary investigation without spelling out any basis for suspecting theta petitioners to be the culprits particulars of whose identity have not been divulged in the F.I.R. specially visualized in the light of the fact that since the cited witnesses are only reported to be in a position to identity his wrist watch and the registration book of the motorbike which by no stretch of imagination furthers the prosecution case qua the petitioner's identity; further had that been so there was nothing in their way not to strip off the complainant of the motorbike as well; the alleged recovery of registration book and cash being not vouched by any private person from the vicinity is, amenable to doubt thus, a case of no evidence and with the submission of challan are no more required by the Investigating Agency on which count they have already suffered more than 11 months' internment and with the submission of challan are no more required by the Investigating Agency trim whereof till date has not commenced.
3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story without dislodging' the contentions urged upon instruction imparted by the police official in attendance equipped with the record.
4. Persuaded whereby the petitioners are allowed bail upon furnishing bail bonds in the sum of Rs.50,000 each with the sureties each in the like amount to the satisfaction of the trial Court. H.B.T./A‑68/L Bail granted.