1994 MLD 1293 (PLP)
GUL MUHAMMAD — Petitioner Versus THE DTATE Respondent
| Citation | 1994 MLD 1293 (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sh. Ijaz Nisar, I |
| Parties | GUL MUHAMMAD — Petitioner Versus THE DTATE Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 MLD 1293 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 MLD 1293 (PLP)?
The case was heard and decided by the Lahore bench comprising: Sh. Ijaz Nisar, I.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 MLD 1293 (PLP) (GUL MUHAMMAD — Petitioner Versus THE DTATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghaus Muhammad Chaudhry for Petitioner.
- Date of hearing: 9th January, 1994.
Headnotes / Summary
S 497(2) Penal Code (XLV of 1860) S.302/149
Police after investigation had got discharged two co-accused, one having been charged with the same allegations as against the accused
Ineffective firing had been attributed to accused. after the deceased had: been . hit--=Accused was not connected with the motive
Case against accused; thus, appeared to-be one of further inquiry and he was admitted to bail accordingly: Syed Zahid Hussain Bokhari for the Complainant. Ghulam Hussain Malik for the State.
Judgment & Decree
Gul Muhammad petitioner alongwith five others stands charged with the murder of Nazir deceased taking place with a fire-arm on 12-3-1993.
2. The motive for the offence was that Shaukat Ali complainant had constructed a house on Shamlat Deh. Mehar Ali co-accused wanted to forcibly occupy it. A day before the occurrence, there was an exchange of abuses between Shaukat Ali complainant and Mehar Ali. .
3. On the day of occurrence, Shaukat Ali complainant and his cousin Nazir deceased were proceeding towards the said under construction house and when they reached near the house of Arif Ali, the petitioner and his companions carrying fire-arms challenged them. On the Lalkara of Mehar Ali co-accused, Talib Hussain fired a gun shot at the deceased which proved fatal.
4. Bail for Gul Muhammad petitioner is sought on the grounds that he has been implicated falsely on account of his relationship with Mehar Ali; that in the F.I.R. no injury to the deceased is attributed to him and further that no recovery was made from him.
5. Learned counsel for the State has opposed the grant of bail to the petitioner. According to him, the complainant had made a supplementary statement on the same day alleging that the- petitioner and his co-accused had also given Butt injuries to the deceased and in the post-mortem report, blunt weapon injuries were noticed on the person of the deceased. It is further stated that his case is at par with Mehar Ali who had been declined bail by this Court on 5-10-1993 (Criminal Miscellaneous No.3505/B of 1993). It is added that he was also having a motive against the deceased being related to Mehar Ali.
6. After the investigation, the police got discharged. Ijaz to whom similar allegations as the petitioner were levelled. Muhammad Yusuf another accused was also got discharged. Mehar Ali had been declined bail on the ground that he was directly connected with the motive. The case of the petitioner is distinguishable from him because his connection with Mehar Ali is not mentioned in the F.I.R. According to the F.I.R., it was Talib Hussain who gave the fatal injuries to the deceased. Ineffective firing, after the deceased had been hit, is attributed to the petitioner.
7. Keeping in view the above circumstances, it appears to be a case of further inquiry. Accordingly, he is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura. N.H.Q./G-209/L Bail allowed.