2010 PLP 1048 (YLR)
KASHIF alias COMMANDO — Petitioner Versus THE STATE and another — Respondents
| Citation | 2010 PLP 1048 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | KASHIF alias COMMANDO — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | (c) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1048 (YLR)?
This judgment primarily cites: (c) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1048 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1048 (YLR) (KASHIF alias COMMANDO — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mahar Shah Muhammad Sahu for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.377
Accused had been found innocent during investigation by the Investigating Officer and left to the mercy of Court
Report of Chemical Examiner was in the negative
Opinion of police though not binding on Court, was a relevant circumstance for being considered, while determining the question of bail
Benefit of every doubt even at bail stage, had to be given to accused
Despite the nature of the alleged offence being quite serious, the aforesaid circumstances had made the case of accused one of further inquiry within the meaning of S.497(2), Cr. P. C.
Challan had already been submitted in the Court
Accused was admitted to bail in circumstances.
S.497
Penal Code (XLV of 1860), S. 377
Opinion of police is not binding on the Court, but it is a relevant circumstance to be taken into consideration, while determining the question of bail.
Ss.497/498
Benefit of doubt, extension of
Principle
Benefit of every doubt, even at bail stage, is to be given to accused. Ishfaq Ahmad Malik, Dy. P.-G. for the State. Jaffar Hussain, A.S.-I./I.O. with Police Record.
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
Petitioner Kashif alias Commando through the instant petition has asked for post arrest bail in case F.I.R. No.219 registered under section 377, P.P.C. with Police Station City, Rajanpur on 30-6-2009.
2. Briefly, the allegation against him as per the F.I.R. is that on 3-6-2009 at about 10.00 p.m. he has subjected Fayyaz Ahmad, 6/7 years old, the son of the complainant to sodomy.
3. After hearing the learned counsel for the parties and perusing the record, it has appeared that though he has been named in the F.I.R. with the above type of allegation against him but he during the investigation has been found to be innocent by Zafar Hussain, A.S.-I./I.O. present in Court. He has testified to his such finding before this Court. He has left him to the mercy of the Court. The report of the Chemical Examiner is in the negative. Although the opinion of police is not binding on Court, yet it is a relevant circumstance to be taken into consideration while determining such like limited question i.e. of bail.
4. I may mention here that it is by now also well settled proposition in criminal administration of justice that benefit of every doubt, even at bail stage, is to be given to accused. Although the nature of the alleged offence is quite serious but in view of the finding of the Investigating Officer and leaving him to the mercy of the Court and even the position of the boy's medical examination and the negative report of the Chemical Examiner there seems definitely room for further inquiry into his guilt. His case, therefore, is covered within the purview of subsection (2) of section 497, Cr. P. C. The challan has been submitted in the Court.
5. In these circumstances of the case, I am persuaded to hold that the case for his enlargement on bail has been made out. Resultantly, the petition is accepted and he is admitted to bail subject to his furnishing bail bond in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.
6. However, I may observe here that the above observations are tentative in nature and meant only for the disposal of the matter in hand. These shall have no bearing at all on anybody's case at trial. N.H.Q./K-72/L Bail allowed.