1987 PLP 1239 (MLD)
NOOR MUHAMMAD- -Petitioner Versus THE STATE — Respondent
| Citation | 1987 PLP 1239 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Raja Tarar, J |
| Parties | NOOR MUHAMMAD- -Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 1239 (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 1987 PLP 1239 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Raja Tarar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1239 (MLD) (NOOR MUHAMMAD- -Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Haji Nazar Farid Khokhar for Petitioner.
- Date of hearing: 6th April, 1987.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), Ss. 302 & 452/34--Bail, grant of- Accused was not attributed any injury to deceased--Only allegation against him being his holding deceased while blows were given. to him by co- accused--Accused joining his co-accused in causing injuries to witness--All injuries found simple--Accused having no direct motive against deceased--Case of accused for enlargement on bail was thus made out--Bail granted in circumstances. Hasnaat Ahmad Khan for the State.
Judgment & Decree
Hasnaat Ahmad Khan for the State. Date of hearing: 6th April, 1987. This is a petition for bail on behalf of Nur Muhammad petitioner who is involved in a case under sections 452 and 302/34, P.P.C.
2. The prosecution version is that on 22nd September, 1986 at 8 a.m. the petitioner and his co-accused Taj and Allah Ditta parked a truck in front of the house of the complainant, to which he took exception resulting in exchange of abuses between them. The accused party left the place throwing a challenge that they would teach a lesson for the abuses. Soon after, the petitioner and his co-accused Taj, Allah Ditta and Sarwar, armed with Sotas, trespassed into the house of the complainant party. Allah Ditta raised a Lalkara, upon which Nur Muhammad took Jalal Din deceased into his hold and co-accused Taj gave him a Sota blow on the head, as a result of which he fell down. Lal Din complainant and Ghulam Farid stepped forward to help him, upon which all the three accused gave Sota blows to Ghulam Farid hitting his thigh, back, shoulders and arms. Jalal Din succumbed to his injury when he was being taken to General Hospital, Lahore. Motive alleged in the F.I.R. is that co-accused abducted the daughter of Muhammad Sharif twice which was restored through the efforts of Jalal Din deceased, over which Taj Din got annoyed and was looking for an opportunity to take revenge.
3. I have heard the learned counsel for the parties. No injury to the deceased has been attributed to the petitioner. The allegation against him is that he took Jalal Din deceased into his hold before he was given a Dang blow by co-accused Taj and then joined Allah Ditta and Sarwar co - accused in giving Sota blows to Ghulam Farid. All the injuries on the person of Ghulam Farid were simple in nature. The petitioner is not shown to have any direct motive against the deceased. In the circumstances, I feel inclined to the view that for the enlargement of the petitioner is made out. I, therefore, admit him to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Dipalpur. S.A./N-30/L Bail granted.