2007 PLP 3069 (YLR)
ALI AKBAR — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 3069 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Javaid Sarfraz, J |
| Parties | ALI AKBAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 3069 (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 2007 PLP 3069 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Javaid Sarfraz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3069 (YLR) (ALI AKBAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302, 109, 148 & 149
Deputy Prosecutor General who appeared on behalf of State had submitted that accused was declared innocent by DSP and matter was referred to S.P. Range Crime, who also declared the accused as innocent
Role attributed to accused in the F.I.R. was that he .fired at the deceased, which hit him under his right shoulder
Altogether, nine accused had been nominated in the F.I.R. who took active part, while two co-accused allegedly abetted the crime
Accused had been found innocent during investigation
Case of further inquiry having been made out requiring further probe into the guilt of accused, he was entitled to grant of bail
Accused was behind the bars since his arrest
Challan having been submitted, no useful purpose would be served by keeping accused behind the bars
Accused was allowed bail, in circumstances. Aftab Ahmad Bajwa for the Petitioner. Naeem Tariq Sanghera, Deputy Prosecutor General for the State with Bashir Ahmad, S.I.
Judgment & Decree
SH. JAVAID SARFRAZ, J.
The petitioner Ali Akbar, seeks post-arrest bail in case bearing F.I.R. No.194/2005, dated 11-7-2005, under sections 302/109/148/149 P.P.C., registered at Police Station Syed Wala, District Nanlcana Sahib.
2. Learned counsel for the petitioner submits that false and frivolous case has sbeen registered against the present petitioner; that the alleged occurrence took place on 11-7-2005 at 8;00 p.m. in open field and thus it was a dark night occurrence; that no recovery has been effected from the petitioner and he has been declared innocent during investigation so conducted by the police that the District Police Officer also verified all the investigation and also found the petitioner as innocent.
3. Learned Deputy Prosecutor General has appeared on behalf of the State and submits that the accused was declared innocent by the D.S.P. Saddar Nankana Sahib and matter was referred to the S.P. Range Crime, who also declared the present petitioner as innocent.
4. Arguments heard. Record perused.
5. The role attributed to the petitioner in the F.I.R. is that he fired at the deceased, which hit him under his right shoulder. Altogether, nine accused have been nominated in the F.I.R., who took active part while co-accused Mian Khan and Allah Ditta have allegedly abetted this crime. During investigation the petitioner has been found innocent. In the light of above, a case of further enquiry has been made out requiring further probe .into the guilt of the present petitioner, thus entitling him to the grant of bail. The petitioner is behind the bars since 3-1-2006. The challan has been submitted and no useful purpose shall observed by keeping him behind the bars.
6. For what has been discussed above, the petitioner is allowed post-arrest bail provided he furnishes bail bonds in the sum of Rs.2,00,000 with' one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./A-175/L Bail granted.