2005 PLP 1994 (YLR)
SALAMAT ALI and another — Petitioners Versus THE STATE — Respondent
| Citation | 2005 PLP 1994 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. A. Shahid Siddiqui, J |
| Parties | SALAMAT ALI and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1994 (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 1994 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. A. Shahid Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1994 (YLR) (SALAMAT ALI and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Pervaiz Aftab for Petitioners.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 419, 420, 468 & 471
Bail, grant of--Further inquiry
Accused were cited as Prosecution witnesses in another criminal case and it was yet to be established whether they themselves opted to become witness or they had been cited as prosecution witnesses in said case at their back
Accused had also been acquitted in the murder case in which they were charged for having conspired for the offence
Case being fit for further probe and inquiry, accused were enlarged on bail. Sheikh Arshad Ali and Rao Atif Nawaz for the State with Amir Nawaz, S.-I. Rana Jahanzeb Khan for the Complainant.
Judgment & Decree
Salamat Ali and Muhammad Nawaz have applied for bail after arrest in a case under sections 468, 471, 419, 420, P.P.C. registered with Kot Sultan Police District Layyah vide F.I.R. No.261 of 2003. There is another application for bail moved on behalf of Muhammad Mansha (Crl. Miscellaneous No.2153-B of 2004) arising out of the same F.I.R., which I intend to dispose of through this order.
2. On 21-10-2003, a case under sections 302, 109, 324, 120, read with section 34, P.P.C. was registered at Police Station, Chowk Azam District Layyah vide F.I.R. No.304 of 2003 in which Muhammad Arif son of Allah Ditta was cited as the principal accused. During the investigation of this case, it transpired that on 16-10-2003 F.I.R. No.247 was registered at Police Station, Kot Sultan District Layyah at the instance of Waris for causing damage to the standing crops and in this case Muhammad Aleem son of Nawaz Din got himself arrested and lodged in jail for Muhammad Arif in order to fabricate the plea of alibi of Muhammad Arif in case F.I.R. No.304 of 2003 registered at Police Station, Chowk Azam District Layyah.
3. I have heard the learned counsel for the parties and have perused the record. The petitioners were cited as P.Ws. in the case registered at Police Station, Kot Sultan vide F.I.R. No.247 dated 16-10-2003. It is yet to be established whether they themselves opted to become witness in complicity with Nawab Din and his two sons or they had been cited as P.Ws. in the said F.I.R. at their back. They have also been acquitted in the murder case in which they were charged for having conspired the offence. Considering it a fit case for further probe and inquiry I accept both the petitions and enlarge the petitioners on bail, subject to furnishing bail bond in the sum of Rupees Thirty Thousand each with one surety each in the like amount to the satisfaction of the trial Court. H.B.T./S-373/L Bail granted.