2004 PLP 2281(2) (YLR)
RIAZ AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 2281(2) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | RIAZ AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 2281(2) (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 2004 PLP 2281(2) (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2281(2) (YLR) (RIAZ AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Ahmad Bajwa for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302/324/452/34
F.I.R. had been lodged with reasonable promptitude and accused was specifically nominated therein as one of the perpetrators of alleged offences
F.I.R. showed a definite allegation against accused regarding firing at deceased and complainant
Eye-witnesses including injured complainant, had stood by their statements made before Police fully implicating accused in the alleged offences
No background of bitterness or ill will was found between complainant party and accused so as to prompt complainant to falsely implicate accused in the case of such nature
Prima facie medical evidence lent support to allegation levelled against the accused
Accused remained a proclaimed offender for over a year
Trial of accused was already in progress
No occasion existed for admitting accused to bail especially when conduct of accused had not remained above-board
Reasonable grounds existing to believe in accused's involvement in offences, his bail application, was dismissed. Muhammad Ali Babar for the State. Abdul Majid for the Complainant.
Judgment & Decree
Through this petition Riaz Ahmad petitioner has sought post-arrest bail in case F.I.R. No.130 registered at Police Station Model Town, Gujranwala on 22-4-2002 for offences under sections 452/302/324/34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with reasonable promptitude and the petitioner had been specifically nominated therein as one of the perpetrators of the alleged offences. In the F.I.R. a definite allegation had been levelled against the petitioner regarding firing at Mst. Naseem Bibi deceased and Mst. Nasira Parveen complainant. It is not disputed that the eye-witnesses mentioned in the F.I.R., including the injured complainant, have so far stood by their statements made before the police fully implicating the petitioner in the alleged offences. It may be true that the petitioner does not appear to be directly connected with the dispute over property between the complainant party and the petitioner's co-accused but at the same time it cannot be lost sight of that apparently there was no background of bitterness or between the complainant party and the present petitioner so as to prompt the former to falsely implicate the latter in a case of this nature. Prima facie the medical evidence lends support to the allegation levelled against the petitioner in the F.I.R. It may be significant to mention here that the petitioner had remained a proclaimed, offender in this case for over a year and in, his order dated 15-9-2003 the learned Additional Sessions Judge, Gujranwala had expressed strong reservations against admission of the petitioner to bail. The learned counsel for the complainant has pointed out that the learned Sessions Judge, Gujranwala has already issued a direction to the learned trial Court on 8-9-2003 to conclude the petitioner's trial within a period of three months. The trial of the petitioner is already in progress and, thus, no occasion has been found by this Court for admitting the petitioner to hail at such a stage especially when the conduct of the petitioner has not remained above board.
3. For what has been discussed above prima facie reasonable grounds do exist to believe in the petitioner's involvement in the alleged offences and this petition is, therefore, dismissed. H.B.T./R-52/L Bail application dismissed.