2005 PLP 1652 (YLR)
IMRAN — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1652 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Abdul Shakoor Paracha, J |
| Parties | IMRAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1652 (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 2005 PLP 1652 (YLR)?
The case was heard and decided by the Lahore bench comprising: Abdul Shakoor Paracha, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1652 (YLR) (IMRAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mazhar Hussain Tahir for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 381-A & 411
Accused was not nominated in F.I.R. and case against accused did not fall under prohibitory clause of S. 497, Cr.P.C. Grant of bail was a rule and refusal was an exception
Motorcycle in dispute had been taken by police under S.550, Cr.P.C. No reasonable grounds existed, in circumstances to believe that accused had committed offence with which he had been charged, but grounds existed for further inquiry into the guilt of accused within meaning of S. 497(2), Cr.P.C.-- Accused was admitted to bail, in circumstances. Imtiaz Ahmad and another v. The State PLD 1997 SC 545 ref. Sohail Tariq, State Counsel along with Muhammad Zulfiqar, A.S.I.
Judgment & Decree
Imtiaz Ahmad and another v. The State PLD 1997 SC 545 ref. Mazhar Hussain Tahir for Petitioner. Sohail Tariq, State Counsel along with Muhammad Zulfiqar, A.S.I. Imran, petitioner, seeks bail after arrest in case registered vide F.I.R. No.625 dated 6-10-2003 under sections 381-A/411, P. P. C. at Police Station, Sabzi Mandi District Gujranwala.
2. It is alleged that a Motorcycle No.LRA-9905 Sohrab 2000 was parked by Muhammad Tahir, complainant outside his house. After some time, it was found missing on which the case was registered. Thereafter, the motorcycle was recovered by the Eminabad police and was taken into possession under section 550, Cr.P.C. Petitioner applied for bail after arrest to the learned Additional Sessions Judge, Gujranwala, which has been declined to him. Hence this petition.
3. Learned counsel for the petitioner Contends that the petitioner is not nominated in the F.I.R.; that he is innocent; that the case does not fall under the prohibitory clause of section 497, Cr.P.C. that there is no material available with the prosecution to connect the petitioner in the alleged crime but there are grounds of further inquiry into the guilt of the petitioner within the meaning of section 497(2), Cr.P.C.
4. On the other hand, learned State counsel has opposed the bail 'on the ground that the petitioner was earlier arrested in case registered vide F.I.R. No.327 dated 12-5-2003 under sections 457/380, P.P.C., at Police Station, Sabzi Mandi, Gujranwa1a and during the investigation of that case, it was disclosed that the petitioner was responsible for committing the theft of the motorcycle. Subsequently, the petitioner was discharged in the said case.
5. I have heard the arguments of the learned counsel for parties arid perused the record with their assistance.
6. Petitioner is not nominated in the F.I.R. Case does not' fall under the prohibitory clause of section 497, Cr.P.C. Bail is a rule land refusal is an exception as held in case reported as Imtiaz Ahmad and another. v. The State PLD 1997 SC
545. Motorcycle has been taken by the Police Station, Eminabad' under section 550, Cr.P.C. In this view of the matter, there are no reasonable grounds' to believe that the petitioner has committed the offence for which he has been charged for but there are grounds of further inquiry into the guilt' of the petitioner within the meaning of section 497(2), Cr.P.C. in this view of the matter, I am inclined to grant bail to the petitioner. Resultantly, this application is accepted. Petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the trial Court. H.B.T./I-78/L Bail granted.