2008 PLP 339 (MLD)
MUHAMMAD SHAFI — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 339 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHAFI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 339 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 339 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 339 (MLD) (MUHAMMAD SHAFI — 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.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss.302, 324, 109 & 34
Accused was only attributed proverbial lalkara with no attribution of any overt act whatsoever either to deceased or the injured
Accused was father of co-accused
Accused was stated to be empty-handed and during investigation was found not present at the time and place of occurrence and was found innocent in circumstances
Accused was behind the bars since his arrest and there was no progress in the trial, which was yet to conclude
Continuous detention of accused would be of no avail
Case of accused squarely falling within the ambit of further inquiry, he was admitted to bail in circumstances.
Judgment & Decree
SH AZMAT SAEED, J.
Criminal Miscellaneous No.1782-B of 2007 seeking post-arrest bail on behalf of petitioner Muhammad Shafi arises from case F.I.R. No.146, dated 29-4-2007 registered with Police Station Khangarh District Muzafargarh for offences under sections 302/324/109/34, P.P.C.
2. It is the case of the prosecution that petitioner being one of the members of the unlawful assembly raised Lalkara whereupon his co-accused fired from their respective weapons resulting in the death of complainant's son and injuries to Abdul Razaq inured.
3. Arguments advanced by the learned counsel for the petitioner, State and the complainant heard. Record perused.
4. Petitioner is only attributed proverbial Lalkara with no attribution of any overt act whatsoever either to deceased or the injured. Admittedly, he is the father of co-accused Mushtaq Ahmed and Ghulam Mustafa. He was stated to be empty-handed and during the investigation was found not present at the time and place of occurrence and thus found innocent. He is behind the bars since his arrest and there is no progress in the trial which is yet to conclude and I am of considered view that his continuous detention would be inconsequential. In my view petitioner's case squarely falls within the ambit of further inquiry, hence, I direct that petitioner shall be released on bail provided he furnishes security in the sum of Rs.200,000 with two sureties each in the like amount to the satisfaction of the trial Court. H.B.T./M-531/L Bail granted.