2004 PLP 2273 (YLR)
MUHAMMAD YOUNAS — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 2273 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain. J |
| Parties | MUHAMMAD YOUNAS — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 2273 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 2273 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain. J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2273 (YLR) (MUHAMMAD YOUNAS — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Akram Khan Awan for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860). Ss.302/34
Only allegation against accused was that he and his co-accused had put cloth around the neck of deceased and had dragged him to his house
Accused, except dragging the deceased, had done nothing in the matter
No injury to deceased was ascribed to him
No recovery was effected from accused and he was found innocent during investigation and his name was placed in Column No.2 of Challan report--Case against accused called for further inquiry into his guilt and his case was covered under subsection (2) of S.497, Cr.P.C.
Accused was previous non-convict
Accused was admitted to bail, in circumstances. Ch. Nazir Ahmad for the State.
Judgment & Decree
Petitioner Muhammad Younas through the instant petition has sought for after-arrest bail in case F.I.R. No.205, dated 2-8-2003 under section 302 read with section 34, P.P.C. registered with Police Station Sahiwal, District Faisalabad.
2. Briefly the prosecution case as per F.I.R. is that on 2-8-2003 at about 4/5 a.m. Muhammad Nawaz, Muhammad Hussain, Muhammad Younas and Muhammad Mushtaq alongwith two unknown persons had dragged Azhar Hussain, the cousin of the complainant to the house of Muhammad Younas and there they committed his Qatl-i-Amd. The motive behind the occurrence is that Muhammad Younas had suspicion of illicit relation between the deceased and his wife Mst. Farzana.
3. It has been contended on his behalf that he has falsely been roped in; that he in the four successive investigations has been found to be innocent and so his name was placed in Column No.2 of the challan report; that there is no incriminating evidence available on the record against him; and that nothing was recovered from him; and that he is behind the bars and previous non-convict.
4. Conversely, the learned State Counsel has opposed the petition. He, however, has conceded that the petitioner has been found innocent during the investigations and his name has been placed in Column No.2 of the challan report.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. The only allegation against the petitioner is that he and his co-accused Muhammad Mushtaq had put cloth around the neck of the deceased and had dragged him to his house. He as per the F.I.R., except dragging the deceased, had done nothing else in the matter. In the same no injury to the deceased is ascribed to him.
7. Admittedly, no recovery was effected from him and he was found innocent during the investigation and his name placed in Column No.2 of the challan report.
8. In view of this position, the case against him calls for further inquiry into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
9. He is stated to be behind the bars and previous non-convict. The same has not been controverted by the other side.
10. In these circumstances, I accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-385/L Bail granted.