1989 PLP 2735 (MLD)
MURAD ALI Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 2735 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | Nazir Ahmed Bhatti, J |
| Parties | MURAD ALI Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 2735 (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 1989 PLP 2735 (MLD)?
The case was heard and decided by the Peshawar bench comprising: Nazir Ahmed Bhatti, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2735 (MLD) (MURAD ALI Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Aziz Khan for Petitioner.
- Date of hearing: 25th November, 1987.
Headnotes / Summary
‑‑‑S. 497‑‑Penal Code (XLV of 1860), 5.302‑‑Bail, grant of‑‑F.I.R. lodged by accused himself, admitting therein to have killed his mother and another on seeing them in compromising position‑‑Statements of Nikah Khawan and witnesses of Nikah contracted by the two deceased recorded under S.164, Cr.P.C‑Evidence on record prima facie showing accused to have committed murder on being annoyed over the Nikah‑‑Bail refused in circumstances. Mir Rehman Khan, AA.‑G., assisted by Mian M. Murad for the State.
Judgment & Decree
Abdul Aziz Khan for Petitioner. Mir Rehman Khan, AA.‑G., assisted by Mian M. Murad for the State. Date of hearing: 25th November, 1987. Murad Ali petitioner himself recorded F.I.R. No. 417 in Police Station Kalu Khan on 5‑9‑1987 wherein he admitted that he had killed his mother and one Muhammad Nabi when he saw them lying on one cot in a compromising position. He also produced the weapon of offence. A few days later an application was given to the Superintendent of Police by Ghulam Nabi which disclosed that both the deceased had contracted marriage on 15‑6‑1987 in the presence of witnesses and that the petitioner was annoyed over the said affair. In pursuance of this application statements of Maulvi Ghulam Muhammad, Alizar Khan and Haji Ghulam Haider were recorded under section 164, Cr.P.C. according to which Maulvi Ghulam Muhammad stated that he had performed the Nikah of both the deceased and Alizar Khan and Haji Ghulam Haider both stated that they were witnesses of the Nikah. It shall thus be seen that there had come on record evidence which would prima facie show that the petitioner may be annoyed with this alleged Nikah and might have commuted the murder of both the deceased. .
2. Since some evidence has come on record which would prima facie connect the petitioner with the offence of murder, it is not a fit case for bail. The application is dismissed. SA./803/P Bail refused.