1989 PLP 2805 (MLD)
MUHAMMAD AZAM and another — Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 2805 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | MUHAMMAD AZAM 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 1989 PLP 2805 (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 1989 PLP 2805 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2805 (MLD) (MUHAMMAD AZAM and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Abdus Sattar Najam for Petitioners.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), S. 302/109/148/149--Bail--First Information Report showing that three persons committed murder of deceased but in supplementary statement made by complainant, number of assailants was given as five--Prosecution witness who was a witness of conspiracy against co -accused had sworn an affidavit denying to have heard any conversation between co-accused and other accused--Reasonable grounds not existing for believing that accused were guilty of alleged offence--Bail granted. Yasmin Saigal for the State.
Judgment & Decree
Mian Abdus Sattar Najam for Petitioners. Yasmin Saigal for the State. Muhammad Azam and Muhammad Ajmal petitioners alongwith 3 others stand charged with the murder of Muhammad Yousaf deceased on 10-7-1988 with daggers.
2. Bail is urged on the grounds that the petitioners are not named in the F.I.R. and the most material evidence against them was of identification parade in which they were identified by Muhammad Younis brother of the deceased and Abdul Jabbar but both Muhammad Younis and Abdul Jabbar have sworn affidavits to the effect that the accused had been shown to them by the police before identification and further that the motive alleged in the F.I.R. was not true. The identification parade was held 27/28 days after the arrest of the petitioners. According to F.I.R. three persons had committed the murder but in the supplementary statement made by the complainant the number of assailants was five. Nayab Sarwar P.W. who was a witness of conspiracy against Saeed Ahmad co-accused had also sworn an affidavit denying to have heard any conversation between Saeed Ahmad and the other accused.
3. For the foregoing reasons there do not appear reasonable grounds for believing that the petitioners are guilty of the alleged offence. Accordingly I admit I them to bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of A.C., Karor Pakka. M.Y.H./M-1279/L Bail granted.