1996 SCMR 76 (PLP)
MUHAMMAD RAMZAN alias MANOON‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 SCMR 76 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri, JJ |
| Parties | MUHAMMAD RAMZAN alias MANOON‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 SCMR 76 (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 1996 SCMR 76 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 SCMR 76 (PLP) (MUHAMMAD RAMZAN alias MANOON‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Khizer Hayat, Advocate for Petitioner. Muhammad Sharif Butt, Advocate for the State.
- Date of hearing: 19th September, 1995.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 17‑7‑1995 passed in Crl. Misc. 409‑B/95/BWP). ‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.452/364/324/334/148/149‑‑‑ Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail, grant of‑‑‑Accused had not physically participated in the incident and he was found to be innocent by the Investigating Agency‑‑‑Mere presence of accused at the spot and receipt of cut an arm could not deprive him of the bail facility‑‑‑Case against accused needed further inquiry‑‑‑Petition for leave to appeal was converted into appeal in circumstances and the accused was released on bail accordingly.
Judgment & Decree
(On appeal from the order of the Lahore High Court dated 17‑7‑1995 passed in Crl. Misc. 409‑B/95/BWP). ‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.452/364/324/334/148/149‑‑‑ Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail, grant of‑‑‑Accused had not physically participated in the incident and he was found to be innocent by the Investigating Agency‑‑‑Mere presence of accused at the spot and receipt of cut an arm could not deprive him of the bail facility‑‑‑Case against accused needed further inquiry‑‑‑Petition for leave to appeal was converted into appeal in circumstances and the accused was released on bail accordingly. Sh. Khizer Hayat, Advocate for Petitioner. Muhammad Sharif Butt, Advocate for the State. Date of hearing: 19th September, 1995. RAJA AFRASIAB KHAN, J.‑‑‑A case under section 452/364/324/ 334/148/149, P.P.C. was registered against Muhammad Ramzan alias Manoon and others with Pol:ce Station Samma Satta, District Bahawalpur at the instance of Muhammad Iqbal. Ghulam Muhammad, Nazar Muhammad, Fida Hussain, Allah Ditta and Hameed while armed with hatchets were alleged to have entered into the house of the complainant. Abid, Haji Ahmad and Nazar were also with them to participate in the occurrence. Muhammad Iqbal was dragged out of his house. He was given injuries by the accused. The petitioner was not allowed bail by the learned Trial Court vide order dated 12th of January 1995. His bail petition was also dismissed by a learned Judge in the Lahore High Court vide his order dated,17th. of July 1995. This petition seeking leave to appeal has been instituted. Learned counsel submits that no overt act was attributed to the petitioner during the occurrence. Bail application was opposed by the learned State Counsel. After hearing the learned counsel for the parties and perusing the record, we do find hat this is a case of further inquiry inasmuch as the petitioner did not physically participate in the incident. He was also found to be innocent by the Investigating Agency. His mere presence at the spot and A receipt of cut off arm of the complainant would not deprive him of the bail facility under section 497, Cr.P.C. In such a situation, this petition is converted into appeal and allowed. In the result, the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of AC/Ilaqa Magistrate, Bahawalpur.