1995 PLP 1457 (MLD)
Mst. NAJMA BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1995 PLP 1457 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Sh. Ijaz Nisar, J |
| Parties | Mst. NAJMA BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 1457 (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 1995 PLP 1457 (MLD)?
The case was heard and decided by the Lahore bench comprising: Sh. Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1457 (MLD) (Mst. NAJMA BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Nazar Farid Khokhar for Petitioner.
- Date of hearing: 17th October, 1994.
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail, grant of‑‑‑Except the extra‑judicial confession allegedly made by accused about nine months after the occurrence, there was no other material of the alleged conspiracy hatched by her‑‑‑Case against accused in circumstances appeared to be one of further inquiry and she was admitted to bail accordingly. M. Saleem Bhatti for the Complainant. Tariq Aziz Butt for the State.
Judgment & Decree
Tariq Aziz Butt for the State. Date of hearing: 17th October, 1994. Mst. Najma Bibi petitioner alongwith others is charged with the murder of Ashraf Hussain Shah deceased.
2. The prosecution case is that Ashraf Hussain Shah deceased, husband of Mst. Najma Bibi petitioner owned 45 acres of land. His relations with his wife were strained on account of her illicit relations with her brother‑in‑law, namely, Iqbal Hussain Shah. In order to grab the land of Ashraf Hussain Shah deceased, Iqbal Hussain Shah aforementioned wanted to eliminate him. About 25 days before reporting the matter to the police, Mushtaq Hussain Shah and Iqbal Hussain Shah alongwith two other persons wearing police uniforms came to the house of the deceased and called him out. After having some conversation with him in private, they took him alongwith them whereafter he did not return. After some time his dead body was recovered from a canal. After unsuccessfully carrying out search for him, his mother Mst. Musharraf Bibi reported the matter to the police on 28‑7‑1991.
3. Mst. Najma Bibi petitioner was arrested on the basis of extra‑judicial confession made before Khurshid Bibi, Imtiaz Bibi and Gulzar Bibi disclosing that she had got her husband killed with the help of her brothers by hired assassins.
4. Bail for Mst. Najma Bibi petitioner is claimed on the grounds that she is not named in the F.I.R. as an accused person nor is any suspicion raised against her of having any hand in the murder of Ashraf Hussain Shah deceased. The alleged extra‑judicial confession pressed into service by the was made about nine months after the occurrence. Ishtiaq Hussain petitioner is stated to be on bail. According to her of arrested by the police for a long time for want of any material against her.
5. Learned counsel for the complainant has opposed the grant of bail to the petitioner on the ground that she had been absconding for a period of two years.
6. Except the extra‑judicial confession, allegedly made by her about nine months after the occurrence, there is not other material of the alleged conspiracy hatched by her.
7. Keeping in view the above circumstances, it appears to be a case of further inquiry. Accordingly, I admit her to bail in the sum of Rs. 30,000 with two sureties in the like. amount to the satisfaction of Assistant Commissioner, Pattoki. N.H.Q./N-315/L Bail allowed.