1987 PLP 1959 (MLD)
AHMAD and others — Petitioners Versus THE STATE — Respondent
| Citation | 1987 PLP 1959 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | AHMAD and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898), (c) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 1959 (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898), (c) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1959 (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: 1987 PLP 1959 (MLD) (AHMAD and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rehmat Khan Awan for Petitioners.
Headnotes / Summary
S.497--Penal Code (XLV of 1860), S.302/34--Bail--Accused after killing deceased carried her dead body on horse back and ocular evidence was available to that effect--Bail refused.
S.497--Penal Code (XLV of 1860), S.302/34--Bail--Mere fact that dead body of deceased was not recovered, held, would not entitle accused to bail.
S.497
Penal Code (XLV of 1860), S.302/34--Bail--Age Accused stated to be minor but not shown below age of sixteen years and an active role was attributed to him--Bail refused.--[ Age]. Mehr Ghulam Ali Mubarhas for the Complainant.
Judgment & Decree
(c) Criminal Procedure Code (V of 1898)
S.497
Penal Code (XLV of 1860), S.302/34--Bail--Age Accused stated to be minor but not shown below age of sixteen years and an active role was attributed to him--Bail refused.--[ Age]. Malik Rehmat Khan Awan for Petitioners. Mehr Ghulam Ali Mubarhas for the Complainant. Ahmad, Ghulam Ali and Nawaz, petitioners stand charged with the murder of Mst. Maqsudan deceased on the night between 1-2/8/1986. It is further alleged that after the occurrence they took away her dead body which was not recovered. The motive for the occurrence was that the hand of the deceased was demanded for Ghulam Ali petitioner which was refused and she was engaged somewhere else.
2. The occurrence was witnessed by Dost Muhammad, Mst.Sardaran and Mst.Malkani P.Ws. According to the prosecution Nawaz petitioner had pressed the throat of the deceased while Ahmad and Ghulam Ali held her by her arms and feet.
3. Bail is urged on the grounds that the dead body of Mst.Maqsudan deceased has not been recovered and further that Ghulam Ali petitioner is a minor.
4. The mere fact that the dead body was not recovered, will not entitle the petitioners to bail in the presence of the allegation that after killing her the petitioners carried her dead body with them on a horse-back. There is ocular evidence in the case and the occurrence was witnessed by three persons. As regards the minority of Ghulam Ali petitioner, he is not shown to be below 16 years of age. An active role is attributed to him in the occurrence. Accordingly, I do not consider the petitioners entitled to bail at this stage and in consequence the petition is dismissed. However, the trial Court is directed to expedite the trial. M.Y.H./A-142/L Bail refused.