1989 PLP 2801 (MLD)
GHULAM YASIN — Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 2801 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Tanvir Ahmed Khan, J |
| Parties | GHULAM YASIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2801 (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 1989 PLP 2801 (MLD)?
The case was heard and decided by the Lahore bench comprising: Tanvir Ahmed Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2801 (MLD) (GHULAM YASIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gulzar Ahmad Qureshi for Petitioner.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), Ss.307 & 34--Bail--Accused allegedly gave a knife blow on left side of chest of injured witness--Co-accused also fired a shot with a gun which missed--Doctor did not state in medical report whether injury was dangerous to life or not--State counsel conceded that co-accused mentioned in the F.I.R. was declared innocent by the investigating agency and one other brother was challaned alongwith the accused--Accused was allowed bail in circumstances. 1986 P Cr. L J 2716 ref. M.A. Chaudhry for the State.
Judgment & Decree
1986 P Cr. L J 2716 ref. Gulzar Ahmad Qureshi for Petitioner. M.A. Chaudhry for the State. The petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No. 301, dated 5-8-1988 registered at Police Station City Mianwali under section 307/34, P.P.C.
2. The facts necessary for the disposal of this petition are that on 5-8-1988 the injured Muhammad Iqbal was going for a call of nature at 6-00 a.m. When he reached near the graveyard on a metalled road suddenly Messrs Ghulam Yasin the present petitioner armed with knife and his brother Fazal Ahmad armed with .12 bore gun emerged and raised Lalkara. It is alleged that Fazal Ahmad Fred at Muhammad Iqbal which missed. Ghulam Yasin inflicted a knife blow on the left side of his chest. According to the F.I.R. this incident was also witnessed by one Khalas Khan of Mauza Namal. Learned counsel has contended that Fazal Ahmad has been declared innocent by the investigating agency and instead his another brother Riaz has been challaned. He has further stated that according to the medical report though the doctor has stated that the injury was grievous but at the same time he did not state whether the injury was dangerous to life or not. He has further stated that the alleged motive mentioned in the F.I.R. does not inspire any confidence as according to the complainant the alleged case was compromised between the parties. On this basis he has argued that once the matter was compromised there was nothing left to grudge for the petitioner as alleged. The learned counsel for the petitioner has also relied upon 1986 P Cr. L I 2716 in support of his contention.
3. The learned State counsel has opposed the grant of bail. However, he has not denied that Fazal Ahmad whose name was mentioned in the F.LR., has been declared innocent and instead his another brother namely Riaz has been challaned alongwith the present petitioner. The doctor has also not stated in the medical report whether the alleged injury was dangerous to life or not.
4. In these circumstances I admit the petitioner to bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C, Mianwali. N.H.Q./G-230/L Bail granted.