1994SCMR1728 (PLP)
GULZAR AHMED ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1994SCMR1728 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ |
| Parties | GULZAR AHMED ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1994SCMR1728 (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 1994SCMR1728 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994SCMR1728 (PLP) (GULZAR AHMED ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Aziz Oureshi, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Date of hearing: 27th February, 1994.
- Ashiq Hussain Malik, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record for the Complainant.
- Kh. Shpukat Ali, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the order passed in Criminal Misc. No. 3097‑B/1993 dated 30‑11‑1993 by Lahore High Court, Lahore). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302/379/148/149‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Deceased according to F.I.R. had suffered 10 fire‑arm injuries which were shown as 6 by the post‑mortem report‑‑‑Injury attributed to accused was simple in nature‑‑‑Accused was found innocent in more than one investigations including the last one and was placed in column No.2 of the challan‑‑‑Petition for leave to appeal was converted into an appeal in circumstances and the accused was admitted to bail accordingly. Ashiq Hussain Malik, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record for the Complainant. Kh. Shpukat Ali, Advocate Supreme Court for the State.
Judgment & Decree
MUHAMMAD RAFIQ TARAR, J‑‑‑Gulzar Ahmad petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 30‑11‑1993 whereby his bail application in a case under sections 148, 302 and 379/149 of the P.P.C. was dismissed.
2. The F.I.R. version was that on 30‑9‑1992 at about 12‑30 noon Muhammad Tufail fired twice at Munir Ahmad deceased hitting his back as a result of which he fell down. Then Abdul Karim fired at him hitting his back. In the meantime Bashir Ahmad, Muhammad Akram, Abdul Hamid, Sardar and Gulzar Ahmad petitioner herein armed with revolvers came in a car. Bashir Ahmad fired at the deceased hitting his right arm‑pit. Muhammad Akram fired at him hitting his abdomen, Sardar fired hitting his thigh, Abdul Hamid fired twice hitting his testis and Gulzar Ahmad fired a shot hitting his left hip.
3. Learned counsel for the petitioner contends that according to the F.I.R. the deceased suffered 10 fire‑arm injuries but the post‑mortem report shows that there were only 6; the injury attributed to the petitioner was simple in nature and he was found innocent in more than one investigations including the last one and was placed in column No. 2 of the challan. The learned counsel for the complainant has opposed the prayer for bail.
4. The material available on the record lends support to the submissions I made by the learned counsel for the petitioner. We, therefore, convert this petition into an appeal and allow it. The appellant shall be released on bail subject to his furnishing security in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C., Faisalabad. N.H.Q./G‑455/S Bail granted.