1973 P Cr (PLP)
WALI MUHAMMAD-Petitioner Versus THE STATE-Respondent
| Citation | 1973 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | WALI MUHAMMAD-Petitioner Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 1973 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1973 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1973 P Cr (PLP) (WALI MUHAMMAD-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Miss Gulshan Ara Alam for Petitioner.
Headnotes / Summary
S. 497/498-Bail Murder case-Cross-case-Fight over turn of irrigation water Fate of case depending on question of fact whether new warabandi had or had not come into force at time of occurrence-Such finding of fact yet to be determined-Accused enlarged on bail, in circumstances-Penal Code (XLV of 1860), Ss. 302/149 & 148.
Judgment & Decree
S. 497/498-Bail Murder case-Cross-case-Fight over turn of irrigation water Fate of case depending on question of fact whether new warabandi had or had not come into force at time of occurrence-Such finding of fact yet to be determined-Accused enlarged on bail, in circumstances-Penal Code (XLV of 1860), Ss. 302/149 & 148. Miss Gulshan Ara Alam for Petitioner. A. W. Butt for the State. This is a petition for bail on behalf of Wali Muhammad peti tioner in a case under sections 148, 302/149, P. P. C. 2. The occurrence took place at about 7-15p.m. on 6-6-1971 between two parties of Chak No. 149/5-L over the turn of irrigation resulting in the death of six persons on the side of the petitioner and one from the opposite-party, for which two cross cases were registered. 3. The contentions raised by the learned counsel for the petitioner are firstly that contrary to the assertion made by the complainant side the new warabandi had not come into force and the petitioner had obtained orders for maintenance of status quo from the High Court on 4-6-1971, two days prior to the occurrence. It is next submitted that according to the prosecution Chiragh Din deceased was given hatchet blows by Wali Muhammad petitioner and his co-accused Bashir which position is falsified by the post-mortem report which revealed only blunt weapon injuries on the person of Chiragh Din deceased. Lastly, it is submitted that Bashir, the other co-accused of the petition, has already been allowed bail. 4. While opposing the grant of bail it is urged on behalf of the State that the petitioner had absconded after the occurrence and was arrested after he had been declared a proclaimed offender and is only 55 years old. 5. Having perused the reports in the two cross-cases as also having considered the relevant police record, prima facie I am of the view that the fate of this case would depend, to a very large extent, on the finding of fact whether at the time of occurrence the new warabandi had actually come into force of not. In this view of the matters. I we no objection to We enlargement of the petitioner who shall be released an bail on furnishing security in the sum of Rs. 10,000 (ten thousand) with one surety in like amount to the satisfaction of Assistant Commissioner, Sahiwal. Bail granted.