2000 PLP 2091 (YLR)
ZAFAR IQBAL‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2000 PLP 2091 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Zafar Pasha Chaudhry. J |
| Parties | ZAFAR IQBAL‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 2091 (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 2000 PLP 2091 (YLR)?
The case was heard and decided by the Lahore bench comprising: Zafar Pasha Chaudhry. J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 2091 (YLR) (ZAFAR IQBAL‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
- Date of hearing: 22nd December, 1999.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860). S.302/324/148/149‑‑‑Bail, grant of ‑‑‑Name of accused was not mentioned to the F.I.R. and no overt act was attributed to him‑‑‑No recovery had been effected from the accused‑‑‑Case against accused being apes to further inquiry, he was admitted to bail. Kamran Bin Latif for the State.
Judgment & Decree
The petitioner who is required as accused person in case F.I.R. No. 51 of 1999 dated 16‑4‑1999, under section 302/ 324/148/149 P.P.C., registered with Police Station Dall Waryam, District Pakpattan, seeks bail on the ground that his name is not mentioned in the F.I.R.; that he has no motive to participate in the commission of the alleged crime; that no injury has been attributed to him; that no recovery has been effected from him; and that the case against the petitioner is open to further inquiry and at present there are no reasonable grounds to believe that the petitioner is not connected with the offence alleged against him. Bail is opposed on the ground that Zafar Iqbal was the person who was injured on 16‑4‑1999 who subsequently expired in the hospital on 17‑4‑1999. He made a statement before 'the police under section 161, Cr.P.C. on the day of occurrence, wherein the petitioner's name has been mentioned as one of the assailants. According to learned counsel for State, the statement under section 161 Cr.P.C. can be treated as dying declaration. It is, however, admitted by him that no overt act evidence was available against him.
2. Without making any comments on the merits of the case, considering that the petitioner's name is not mentioned in the F.I.R., no overt act is attributed to him, no recovery has been effected from him, the case against him is open to further inquiry. I would, therefore, admit him to bail subject to his furnishing bail bond in the sum of Rs.100,000 with one surety in the like amount to the satisfaction of the Area Magistrate/trial Court. H.B.T./Z‑13/L Bail granted.