2006 PLP 1693 (YLR)
AWAL RAHMAN and another — Petitioners Versus THE STATE and another — Respondents
| Citation | 2006 PLP 1693 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Ijaz-ul-Hassan Khan, J |
| Parties | AWAL RAHMAN and another — Petitioners Versus THE STATE and another — Respondents |
Q1: What are the key laws and sections cited in 2006 PLP 1693 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1693 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Ijaz-ul-Hassan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1693 (YLR) (AWAL RAHMAN and another — Petitioners Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Qasim Khattak for Petitioners.
- Yousaf Ali for Respondents.
- IJAZ-UL-HASSAN KHAN, J.--The petitioners, brothers inter se, have been arrested in case F.I.R. No.24 dated 2-3-2006, under sections 324/34, P.P.C., Police Station, Takht Nasrati, District Karak. The petitioners have been refused the concession of bail by the forums below, by orders dated 7-3-2006 and 16-3-2006, respectively. They have approached this Court with similar prayer and in support of the bail application, it is mainly contended that there is absolutely nothing on the file, which could connect the petitioners with commission of crime and they have been charged falsely on mere suspicion. As against that, it is submitted by learned Deputy Advocate-General, assisted by learned counsel for the complainant that prosecution is in possession of sufficient evidence to implicate the petitioners with the crime in question and bail plea of the petitioners has been rejected for sound and cogent reasons.
Judgment & Decree
IJAZ-UL-HASSAN KHAN, J.--The petitioners, brothers inter se, have been arrested in case F.I.R. No.24 dated 2-3-2006, under sections 324/34, P.P.C., Police Station, Takht Nasrati, District Karak. The petitioners have been refused the concession of bail by the forums below, by orders dated 7-3-2006 and 16-3-2006, respectively. They have approached this Court with similar prayer and in support of the bail application, it is mainly contended that there is absolutely nothing on the file, which could connect the petitioners with commission of crime and they have been charged falsely on mere suspicion. As against that, it is submitted by learned Deputy Advocate-General, assisted by learned counsel for the complainant that prosecution is in possession of sufficient evidence to implicate the petitioners with the crime in question and bail plea of the petitioners has been rejected for sound and cogent reasons.
2. No doubt, it is true that the petitioners stand directly nominated in the promptly lodged report but it is equally true A that the effective role of firing, resulting into injuries to complainant Waqar Ahmad, is attributed to Muhammad Rehman, father of the petitioners. The question regarding applicability of section 34, P.P.C. shall be determined at the trial after recording evidence. Without going deep into the merits of the case, I find that case of the petitioners is open to further inquiry as contemplated under section 497(2), Cr.P.C. The application is allowed and the petitioners are directed to be released on bail provided each one of them furnishes bail bonds in the sum of Rs.3,00,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate, who shall see that the sureties are local and men of means. H.B.T/86/P????????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.