2001 P Cr (PLP)
GHULAM RABBANI alias BANI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Asif Jan, J |
| Parties | GHULAM RABBANI alias BANI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Asif Jan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (GHULAM RABBANI alias BANI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Taqi Khan for Petitioner.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497(1)(2)‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Bail‑‑‑Unexplained delay of 17 days in lodging the F.I.R. had per se cast a doubt on the veracity of the entire prosecution case‑‑‑Accused had allegedly fired at the injured prosecution witness hitting him on the left flank and left arm‑‑‑No reasonable grounds existed to believe the accused being guilty of an offence punishable with death, imprisonment for life or imprisonment for ten years, rather his case required further inquiry into his guilt making him entitled to grant of bail‑‑‑Accused was admitted to bail in circumstances. Abdul Rauf Farooqi for the Complainant. Masood Sadiq Mirza for the State.
Judgment & Decree
Muhammad Taqi Khan for Petitioner. Abdul Rauf Farooqi for the Complainant. Masood Sadiq Mirza for the State. Ghulam Rabbani petitioner aged about 22 years was arrested on the 12th of Jude, 2000 and is in jail eversince awaiting his trial in pursuance of a case registered vide F.I.R. No.232 of 2000, dated the 1st of June, 2000, under section 324/34, P.P.C. at Police Station Satiana, District Faisalabad, regarding an occurrence which allegedly took place night between 18/19th o1 May, 2000, in the area of Chak No.37/G.B. which is at a distance of about two and a half kilometres from Police Station Satiana, District Faisalabad where the F.I.R. was lodged on the 1st of June, 2000 after 17 days of the occurrence by one Rana Mahboob Alam, father of Sultan Mehmood injured, alleging inter alia that the petitioner fired at Sultan Mehmood which hit him on the left flank and left arm.
2. Learned counsel for the petitioner submits that this is a fit case fox the grant of bail because there is a delay of 17 days in lodging the F.I.R. that the case against the petitioner is matter of further inquiry within the meaning of subsection (2) of section.497, Cr.P.C. and lastly the petitioner i: declared to be innocent during the investigation.
3. Learned counsel for the State as also for the complainant vehemently opposes the grant of bail on the ground that the petitioner is nominated in the F.I.R.; that the challan has been submitted in the Court and three eye witnesses have been recorded.
4. Apart from the unexplained delay of 17 days in lodging the F.I.R. which per se casts a doubt on the veracity of the entire prosecution case, the only role attributed to the petitioner is that he fired at Sultan Mehmood which hit him on the left flank and left arm. Thus, reasonable grounds within the meaning of subsection (1) of section 497, Cr.P.C. to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years, prima facie, do not seem to exist. However, the case against the petitioner may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles him to the grant of bail.
5. Resultantly, this petition is accepted and the petitioner is granted bail provided he furnishes bail bonds in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the trial Court. N.H.Q./G‑93/L Bail allowed.