2005 PLP 849 (MLD)
GHAZANFAR ALI alias MITHU — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 849 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | GHAZANFAR ALI alias MITHU — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 849 (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 2005 PLP 849 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 849 (MLD) (GHAZANFAR ALI alias MITHU — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imran Asmat Chaudhry for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S. 302
F.I.R. showed that accused was armed with Klashinkov, but neither same was recovered from him nor any empty thereof was found on the spot
Accused was found innocent during investigation and was placed in Column No. 2 of challan
Case of accused, in circumstances, was of further inquiry falling under subsection (2) of S. 497, Cr.P.C.
Judgment & Decree
Submits that only in effective firing is attributed to the petitioner, that he was armed with. Klashnikov according to the F.I.R. but no empty of Klashinkov was recovered from the spot, that no recovery of Klashnikov was effected from him and that he has been placed in Column No.2 of the challan.
2. Learned State counsel assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R., specific role is attributed to him, he was the member of an unlawful assembly, that it is a case of double murder, that he had been playing hide and seek with the Court by making different applications, that offence falls within the ambit of section 497(1), Cr.P.C. and moreover opinion of the police is not binding on the Courts.
3. Heard. Though petitioner is named in the F.I.R. and according to the F.I.R. he was armed with Klashnokov but no empty of Klashnikov was recovered from the spot, no Klashinkov was recovered from him, he has been found innocent and has been placed in Column No. 2 of the challan, so in my opinion, case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C., therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.1,00,000 (one lac) with two sureties in the like-amount to the satisfaction of trial Court. H.B.T./G-107/L Bail granted.