1990 PLP 237 (SCMR)
SHAFIQ AHMED‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 237 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Ali Hussain Qazilbash |
| Parties | SHAFIQ AHMED‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 237 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 237 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Ali Hussain Qazilbash.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 237 (SCMR) (SHAFIQ AHMED‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 13th June, 1989.
- Muhammad Nawaz Abbasi, Assistant Advocate‑General, Punjab and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for the State.
- 4. After notice to the State and hearing Mr. Muhammad Nawaz Abbasi, Assistant Advocate‑General, we have converted this petition into an appeal and proceed to allow it as we consider that the case against the petitioner is open to further inquiry. He is admitted to bail in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of trial Court.
Headnotes / Summary
(From the judgment/order of Lahore High Court, Multan Bench, Multan dated 26‑3‑1989, passed in Criminal Miscellaneous No.214/B of 1989). ‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Bail‑‑‑Complainant did not name any person nor any suspect in the F.I.R: ‑‑Two persons residents of adjoining village stated that they had come in the village and while returning at about mid night they happened to pass by the house of deceased and saw the accused coming out of his house in a manner and mood to raise no suspicion in their minds‑‑‑Said two persons, next day in the morning on learning about the murder of deceased disclosed this information and on such information accused who otherwise had no happy relations with deceased and his companion were arrested‑‑‑Case against accused being open to further inquiry, bail was allowed. Muhammad Nawaz Abbasi, Assistant Advocate‑General, Punjab and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for the State.
Judgment & Decree
Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Muhammad Nawaz Abbasi, Assistant Advocate‑General, Punjab and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for the State. Date of hearing: 13th June, 1989. SHAFIUR RAHMAN, J.‑‑The petitioner has been charged for the murder of Muhammad Iqbal. He was refused bail by the trial Court on 29‑1‑1989 and by the High Court on 26‑3‑1989. He seeks leave to appeal and the grant of bail in the matter.
2. Haji Bashir Ahmad, a brother of the deceased residing in the adjoining house where the deceased lived alone lodged a Report at 9:30 a.m. on 17‑7‑1988 at Police Station Saddar Mailsi, District Vehari, stating that when he went to the house of the deceased he found his brother murdered and the doors of his house open. He did not name any accused nor any suspect.
3. Subsequently Allah Jiwaya and Ghaus Bakhsh two persons resident of adjoining village claimed to have come in this village in order to see a film on V.C.R. and while returning they happened to pass by the house of the deceased and at about mid‑night claimed to have seen the petitioner coming out of his house in a manner and mood to raise no suspicion in their mind. When in the morning the next day they learnt of the murder of the deceased, they disclosed of this information and on it the petitioner and his companion Zafaryab were arrested. Zafaryab was allowed bail by the High Court but the petitioner was refused with the observations as hereunder:‑ "The perusal of the photostats of the statements shows that some prosecution witnesses in that case were declared hostile but nothing has been shown to me as to what posture the complainant had adopted in that case. In any event, there was a litigation between the complainant and Shafiq Ahmad petitioner and their inter se relations appeared to be far from being happy. In addition to this motive, there is evidence against Shafiq Ahmad of his having been seen by Allah Jiwaya and Ghaus Bakhsh P.Ws. coming out of the house of the deceased. This evidence is sufficient to make out a prima facie case against Shafiq Ahmad petitioner whose bail application is rejected."
4. After notice to the State and hearing Mr. Muhammad Nawaz Abbasi, Assistant Advocate‑General, we have converted this petition into an appeal and proceed to allow it as we consider that the case against the petitioner is open to further inquiry. He is admitted to bail in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of trial Court. M.A.K./S‑455/S Bail granted.