PCRLJ 1994

1994 P Cr (PLP)

ASADULLAH — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
1993-March-21
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1994 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties ASADULLAH — Petitioner Versus THE STATE — Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1994 P Cr (PLP)?

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: 1994 P Cr (PLP) (ASADULLAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Altaf Ibrahim Qureshi for Petitioner.

Headnotes / Summary

S. 497

Penal Code (XLV of 1860), S. 302/34/324/337-H/337-F(iii)

Bail, grant of

Only allegation against accused who was empty-handed at the time of occurrence, was that he had taken the deceased in his grip facilitating the principal accused to inflict the fatal blow

Question whether such assistance rendered by accused was at all essential for inflicting single blow to deceased by the principal accused could only be determined at the trial

Accused was released on bail in circumstances.

Judgment & Decree

Altaf Ibrahim Qureshi for Petitioner. Nafees Ahmad Ansari, A.A.-G. for the State. Zafar Hussain Shah for the Complainant. This is a petition on behalf of Asad U11ah petitioner herein who stands arrested in case F.I.R. No.348, dated 21-10-1992, under sections 302/34, 324, 337-H, 337-F(iii), P.P.C. registered at Police Station Arifwala, District Sahiwal.

2. According to the prosecution Asad Ullah petitioner gripped Muhammad Amir deceased and facilitated Mubarak co-accused inflicting of fatal blow to him with dagger. The petitioner was arrested on 2-11-1992. His bail plea, was declined by the lower Court, hence this petition.

3. I have heard learned counsel for the petitioner as well as for the State assisted by learned counsel for the complainant and also perused the record. District Magistrate not to challenge the acquittal of the accused

Judgment passed by Sessions Court in revision remanding the case against accused to Judicial Magistrate for retrial was quashed in circumstances.

4. Admittedly the petitioner was empty-handed at the time of occurrence. The only allegation against him is that he had taken the deceased in his grip and thus facilitated the principal accused to inflict the fatal blow The question, whether assistance to the principal accused allegedly rendered by the petitioner was at all essential for inflicting single blow to deceased remains to be determined which exercise can be taken up only at the trial. In this view of the matter, I feel inclined to allow this petition. The petitioner shall be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Arifwala.

5. Copy Dasti on payment of usual charges N.H.Q./A-677/L Bail granted.