2009 PLP 1105 (YLR)
MUHAMMAD FAROOQ — Petitioner Versus THE STATE — Respondent
| Citation | 2009 PLP 1105 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Akram Qureshi, J |
| Parties | MUHAMMAD FAROOQ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1105 (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 2009 PLP 1105 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Akram Qureshi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1105 (YLR) (MUHAMMAD FAROOQ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sohaib Khokhar for Petitioners.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.324/336/34
Accused persons were found innocent after thorough probe
Guilt or innocence of accused persons, was yet to be determined during the trial
Case of accused persons, in circumstances, fell within the purview of S.497(2), Cr.P.C.--Accused were behind the bars since 20-8-2008 and their person was no more required for investigation
Accused having made out case for grant of bail, they were admitted to bail, in circumstances. Ch. Fayyaz Ahmad, D.P.-G. for the State along with Shehbaz Ahmad, S.-I.
Judgment & Decree
MUHAMMAD AKRAM QURESHI, J.
This order will dispose of Crl. Misc. No. 11688--B of 2008 and Crl. Misc. No.11750-B of 2008 as both the petitions arise out of the same F.I.R.
2. The petitioners seek bail after arrest in case F.I.R. No. 243 dated 15-8-2008 registered under sections 324/ 336/34, P.P.C. at Police Station Malka Hans, District Pakpattan Sharif.
3. According to the F.I.R, the allegation against Muhammad Farooq petitioner is that he was armed with pistol and pointed towards the witnesses and exhorted to take revenge from Khizar Hayat. The allegation against Muhammad Ali petitioner is that he threw acid upon Khizar Hayat P.W. and injured him.
4. Learned counsel for the petitioners contends that after thorough investigation, the petitioners were found innocent; that the petitioners were arrested in this case on 20-8-2008, since when they are behind the bars and their person is no more required for the purposes of investigation.
5. Learned D.P.G. for the State opposed the bail applications by stating that the petitioners have committed a heinous offence and they are not entitled to the grant of bail.
6. Considering the above facts and circumstances, this Court is of the view that after thorough probe, the petitioners were found innocent. The guilt or innocence of the petitioners is yet to be determined during the trial and their case falls within the purview of section 497(2), Cr.P.C. The petitioners are behind the bars since 20-8-2008 and their person is no more required for investigation.
7. Resultantly, the petitioners have made out a case for the grant of bail. The bail petitions are allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs.2,00,000 (Rs. Two lacs only) each with one surety each in the like amount to the satisfaction of Illaqa/Duty Magistrate. H.B.T./M-46/L Bail granted.