2007 PLP 3062 (YLR)
MUHAMMAD BASHIR — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 3062 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | MUHAMMAD BASHIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1598) |
Q1: What are the key laws and sections cited in 2007 PLP 3062 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1598) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 3062 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3062 (YLR) (MUHAMMAD BASHIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fayyaz Ahmad Mehr for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302/324
Accused was not named in the F.I:R: and he was implicated in the case after five months, of the occurrence by the father of the deceased
Crime empty did not match with the gun allegedly used in the commission of the offence
Guilt of accused required further probe as envisaged by section 497(2), Cr. P. C.
Accused was admitted to bail in circumstances. Abdul Haq for the State. Muhammad Yasin, S.I.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R.; that he has been falsely implicated in this case 5 months after the occurrence on the statement of Pandy Khan who is real father of Mst. Nusrat Parveen deceased; that as far as crime empty is concerned, according to report of Fire-arm Expert empties dial not match with the gun which was allegedly used in the commission of offence; that case of petitioner is of further inquiry falling under subsection 2 of S.497 Cr.P.C.
2. Learned State counsel submits that petitioner has been named by Pandy Khan in his application on 8-12-2004. The I.O. present in Court submits that all the accused mentioned in the F.I.R. were found innocent; that discharge report was made but learned Magistrate did not agree; that challan was submitted against them but they were placed in Column No.2 of the challan; that later on Muhammad Aslam, present petitioner Bashir and Bushra Bibi daughter of Aslam were arrayed as accused on the direction of D.S.P. who has investigated the case; that Muhammad Aslam and Mst. Bushra Bibi are on bail, while bail petition of Bashir Ahmad was dismissed by the learned trial Court.
3. I Have heard learned counsel for the parties. Petitioner was not named in the F.I.R. He was named five months after the occurrence by father of the deceased. Crime empty did not match with the gun which was produced by Mukhtar Ahmad. Case of petitioner is of further inquiry falling under subsection 2 of section 497 Cr.P.C. This petition is accepted and petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the -like amount each to the satisfaction of learned trial Court. N.H.Q./M-46/L Bail allowed.