1984 PLP 1307 (MLD)
RASOOL KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 1984 PLP 1307 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | RASOOL KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1984 PLP 1307 (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 1984 PLP 1307 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 1307 (MLD) (RASOOL KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bashir Khan for Petitioner.
- Date of hearing: 29th February, 1984.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), Ss. 302 & 307--Bail, grant of--No allegation that co-accused caused fatal injury to deceased on Lalkara raised by petitioner or contrary allegation in F.I.R. disclosing that co-accused gave simple injury to a witness at Lalkara of petitioner- Question whether petitioner vicariously guilty or otherwise for offence of murder and murderous assault also requiring further inquiry- Petitioner allowed bail, in circumstances. Khan Ata Ullah Khan for the State.
Judgment & Decree
Khan Ata Ullah Khan for the State. Date of hearing: 29th February, 1984. The petitioner Rasool Khan alongwith his son Shafiq-ur-Rehman stands challaned for Committing murder of Muhammad Amin and murderous assault on Pervaiz lqbal, P.W. who having remained unsuccessful before the Sessions Judge, has approached this Court for the grant of concession of bail, hence this petition.
2. According to the prosecution Muhammad Amin deceased was attacked by Shafiq-ur-Rehman with Chhuri on exhortation of Khakhi Jan and Paee Khan, when the former was coming out of the bus at bus stand Chak No. 23/10-R. Pervaiz lqbal tried to intervene but he was given a stick blow by the petitioner, whereafter Shafiq-ur-Rehman gave him a Chhuri blow in his flank.
5. During the investigation Khakhi Jan and Paee Khan co-accused of the petitioner were declared innocent. However, the petitioner as well as his son Shafiq-ur-Rehman the main accused have been arrested and challaned.
3. It is contended on behalf of the petitioner that he is old man of 60 years of age and have been involved in the case because his son Shafiq-ur-Rehman allegedly caused the death of Muhammad Amin and injured Pervaiz Iqbal. It is further stated that according to the prosecution the petitioner gave only simple hurt to Pervaiz Iqbal P.W. As against this learned counsel for the State has vehemently opposed this petition on the ground that the petitioner was present at the spot and has raised a Lalkara instigating his son to kill Pervaiz Iqbal and, therefore, he was vicariously liable for the offences of murder and murderous assault.
4. I have considered contentions of the learned counsel for the petitioner as well as for the State and also perused the record.
5. Admittedly there is no allegation that Shafiq-ur-Rehman (son of the petitioner) had caused fatal injury to Muhammad Amin deceased on the Lalkara raised by Rasool Khan, rather the allegation in F.I.R. is that Shafiq-ur-Rehman gave simple injury to Pervaiz Iqbal at the Lalkara of the petitioner. In the circumstances, the question whether the petitioner is vicariously guilty or otherwise of the offence of murer and murderous assault needs further inquiry. Consequently I allow this petition. The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs. 20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the A . C . /Duty Magistrate, Khanewal. S. G. D. Bail allowed.