1988 P Cr (PLP)
MUHAMMAD SIDDIQUE and others‑‑Petitioners Versus THE STATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Afrasiab Khan, J |
| Parties | MUHAMMAD SIDDIQUE and others‑‑Petitioners Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 P Cr (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 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (MUHAMMAD SIDDIQUE and others‑‑Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Arshad Mahmood for Petitioners.
- Date of hearing: 3rd February, 1988.
Headnotes / Summary
‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.302 & 148/149‑‑Bail, grant of‑‑Two different versions of occurrence‑‑Both challaned Accused found innocent by police and placed in column No.2 of challan‑‑Finding of police prima facie unexceptionable‑‑Bail granted in circumstances. Abdul Moied for the State.
Judgment & Decree
Ch. Arshad Mahmood for Petitioners. Abdul Moied for the State. Date of hearing: 3rd February, 1988. This application for the grant of bail has been moved on behalf of Muhammad Siddique and Gulzar Ahmad alias Tari, petitioners, who with others have been challaned under sections 148, 302 and 307 read with 149, P.P.C. in case F .I . R . No. 350, dated 9‑6‑1987 registered at Police Station Saddar, Sheikhupura.
2. Mst. Surayya Begum lodged report with the police on 9‑6‑1987 that on the same morning her husband Idrees was done to death by Muhammad Shafi, Gaman, Yaqoob and Ashraf by firing at him with the help of Ghulam Nabi and Shah Muhammad who were empty‑handed. During investigation, the same day, one Muhammad Hussain stated before the police that he had obtained land from Muhammad Shafi and Ghulam Nabi in village Ammoke on lease at the rate of Rs.1,000 per acre per year. He, in the company of Muhammad Shaft, Ghulam Nabi, Muhammad Yaqoob, Arshad, Yousaf, Malik and Hashmat had gone to that land for ploughing. Idrees deceased joined them. Meanwhile they were fired at from the side of Gujjers' Dera. They identified the two petitioners, namely, Muhammad Siddique and Gulzar Ahmad alias Tari alongwith Abdul Hameed absconder, Rafique and Shafi were firing at them from the roof of their house. The shot fired by Abdul Hameed absconder and Gulzar Ahmad alias Tari petitioner hit Muhammad Yaqoob while the shot fired by Rafique son of Ahmad hit Muhammad Idrees who died on the spot and the shot fired by Muhammad Siddique petitioner caused simple injury to Shah Muhammad P.W. On the basis of two counter‑versions two challans have been put in Court. Both the petitioners, according to the police, have been declared innocent and placed in column No.2 of the challan.
3. Learned counsel appearing on behalf of the State submits that the findings of the police as to petitioners' innocence is prima facie unexceptionable and, therefore, he does not oppose the petition.
4. In the circumstances, I feel inclined to allow this petition. The petitioners are directed to be released subject to their furnishing bail bonds in the sum of Rs.30,000 with two sureties each in the like amount, each to the satisfaction of A.C. /Duty Magistrate, Sheikhupura. S.A./M‑684/L Bail granted.