2006 PLP 2389 (YLR)
MUHAMMAD YAQOOB — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 2389 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. A. Shahid Siddiqui, J |
| Parties | MUHAMMAD YAQOOB — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 2389 (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 2006 PLP 2389 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. A. Shahid Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2389 (YLR) (MUHAMMAD YAQOOB — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302, 452 & 34
Accused happened to be a relative of principal accused but had not caused any injury to deceased and only allegation against him was that he had raised a lalkara
Possibility of his false involvement in the case could not be ruled out
Accused was admitted to bail, in circumstances. Ch. Muhammad Aslam for Complainant. Ms. Tahira Sadiq for the State. Ghulam Hussain Deputy Superintendent of Police legal. Sarfraz Gillani, S. H.O. /Inspector.
Judgment & Decree
M.A. SHAHID SIDDIQUI, J.
Muhammad Yaqub petitioner seeks post-arrest bail in a case F.I.R. No.310 of 2004 dated 4-7-2004 under sections 302/452, 34, P.P.C. registered with Police Station Dera Rahim, District Sahiwal.
2. As per F.I.R. the occurrence took place on 4-7-2004 at about 5-00 p.m. Muhammad Ikram complainant his father Khan Muhammad, brother Muhammad Aslam, mother Mst. Suraya Bibi and uncle Muhammad Jaffer were busy in conversion while sitting in the courtyard of the house of the complainant at the relevant time. Allegedly Rasheed Ahmad his brother Abdul Ghafoor made their way into the house of the complainant. Muhammad Maqbool was armed with a gun while the remaining accused including the petitioner were carrying .222 bore rifle. The present petitioner raised a Lalkara that anyone who step forward would be killed. Muhammad Maqbool accused fired with his gun hitting Khan Muhammad on his chest. The motive for the offence is that Muhammad Maqbool accused suspected that complainant brother Muhammad Jaffer carried illicit intimacy with his sister Mst. Zaiba. The matter was reported to the police and during the investigation of the case Sarfraz Gillani S.H.O. Police Station Dera Rahim found that all the accused except Muhammad Maqbool were innocent.
3. While pressing the release of Muhammad Yaqub it is argued that he has been found innocent during the investigation of the case and he has not caused any injury to the deceased.
4. While opposing the bail application learned counsel for the complainant has argued that Sarfraz Gillani S.H.O. was not competent to investigate this case, as such the findings of the innocence recorded by him is of no consequences.
5. I have heard the learned counsel for the parties and perused the record. The petitioner happened to be a relative of Muhammad Maqbool the principle accused, who has not caused any injury to the deceased and only allegation against him is that he has raised a lalkara. The possibility of his false involvement in the case cannot be ruled out. In these circumstances, I accept this petition and release the petitioner on bail subject to furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-293/L Bail granted.