2008 PLP 533 (MLD)
ATIF ABBAS — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 533 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ATIF ABBAS — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 533 (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 2008 PLP 533 (MLD)?
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: 2008 PLP 533 (MLD) (ATIF ABBAS — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chouhan for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302
F.I.R. revealed that accused along with his co-accused fired at the deceased and injured other, but later on it had come on record that he was not present at the spot
Accused was on duty at the relevant time and the senior and colleagues of accused had sworn their affidavits to the police in that respect and the police came to the conclusion that accused was present in his office on that day
Accused was declared innocent and was placed in column No. 2 of the challan, which column was meant for those accused persons who were not challaned or who were absconding
Case of accused being of further enquiry falling under subsection (2) of S.497 Cr.P.C. he was admitted to bail, in circumstances.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
It is contended by learned counsel for the petitioner that this Court had granted bail to Muhammad Arshad co-accused in Criminal Miscellaneous No. 1774-B of 2006 vide order, dated 31-3-2006; that case of petitioner is on similar footing to that of his co-accused Muhammad Arshad; that he was Computer operator in Punjab Provincial Building Department at Faisalabad and remained on his duty from 8-30 a.m. to 1-30 p.m.; that his senior and colleagues have sworn their affidavits and verified this fact before the police; that police came to the conclusion that he was present on his duty from 8-30 a.m. to 1-30 p.m. ; that he was found to be innocent and placed in column No.2 of the challan; that no recovery was effected from him and that case of petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. Learned State counsel is not in a position to rebut the submissions made by learned counsel for the petitioner and concedes that these facts have been mentioned by the police during the course of investigation.
3. Heard. It is correct that according to F.I.R. the petitioner along with his co-accused fired at the deceased and injured Abdul Ghaffar but later on it has come on record that he was not present at the spot. He was present on his duty from 8-30 a.m. to 1-30 p.m. His senior and colleagues have sworn their affidavits to the police in this respect and the police came to the conclusion that petitioner was present in his office on the fateful day. He was declared innocent and has been placed in column No. 2 of the challan. Column No.2 is meant for those accused persons who are not challaned or who were absconding so the petitioner has not been challaned. The settled law is that when the Court comes to the conclusion that case of accused is of further inquiry, he shall be released on bail. Reliance is placed upon PLD 1989 SC 585 and PLD 1995 SC
34. In this view of the matter, I am of the considered opinion that case of petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C. This petition is accepted and petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs. 100,000 with one surety in the like amount to the satisfaction of Deputy Registrar (J) of this Court. H.B.T/A-239/L??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.