2003 SCMR 958 (PLP)
TARIQ ZIA — Petitioner Versus THE STATE — Respondent
| Citation | 2003 SCMR 958 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdur Rehman Khan, Ch. Muhammad Arif and Qazi Muhammad Farooq, JJ |
| Parties | TARIQ ZIA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 SCMR 958 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 SCMR 958 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdur Rehman Khan, Ch. Muhammad Arif and Qazi Muhammad Farooq, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 SCMR 958 (PLP) (TARIQ ZIA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Arif, Advocate, Supreme Court, Ch. Muhammad Anwar Khan, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioner.
- Date of hearing: 24th August, 2000,
- Ehtesham Qadir Shah, Advocate Supreme Court for the Complainant.
- Ch. Nazir Ahmed, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal. from the judgment of Lahore High Court, Lahore, dated 29-6-2000 passed in Criminal Miscellaneous No. 3281-B of 2000).
S. 497
Penal Code (XLV of 1860), Ss.364/302/ 148/ 149-- Constitution of Pakistan (1973), Art. 185(3)
Accused had allegedly raised a "Lalkara" on which his co-accused attacked the complainant side
F.I.R. stated that accused was empty-handed and had not played any active role in the commission of the offence
Trial Court was yet to determine the effect of the aforesaid "Lalkara" after recording evidence
Petition for leave to appeal was converted into appeal in circumstances which was accepted and the accused was allowed bail accordingly. Ehtesham Qadir Shah, Advocate Supreme Court for the Complainant. Ch. Nazir Ahmed, Advocate Supreme Court for the State.
Judgment & Decree
S. 497
Penal Code (XLV of 1860), Ss.364/302/ 148/ 149-- Constitution of Pakistan (1973), Art. 185(3)
Accused had allegedly raised a "Lalkara" on which his co-accused attacked the complainant side
F.I.R. stated that accused was empty-handed and had not played any active role in the commission of the offence
Trial Court was yet to determine the effect of the aforesaid "Lalkara" after recording evidence
Petition for leave to appeal was converted into appeal in circumstances which was accepted and the accused was allowed bail accordingly. Rana Muhammad Arif, Advocate, Supreme Court, Ch. Muhammad Anwar Khan, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioner. Ehtesham Qadir Shah, Advocate Supreme Court for the Complainant. Ch. Nazir Ahmed, Advocate Supreme Court for the State. Date of hearing: 24th August, 2000, The petitioner was refused bail by the learned trial Court as well as the Lahore High Court through the impugned order in a case registered through F. I. R. No. 172, dated 11-4-1999 under sections 148/364/302/149, P.P.C. hence this petition for grant of bail.
2. The accusations against the petitioner in the F.I.R. are that he raised only a Lalkara to the effect that the enemy had come and on that. Lalkara other accused attacked the complainant side. The contents of the F.I.R. show that the accused was empty-handed and has not played any active/overt act in the commission of the offence. It would be for the trial Court to examine the evidence and determine the effect of the Lalkara raised by the petitioner. At this stage, we feel that prima facie, a case for grant of bail has been made out. Consequently, this petition is converted into appeal and while accepting the appeal, the petitioner is allowed bail in the sum of Rs.1,00,000 (Rupees One Lac only) with two sureties each in the like amount to the satisfaction of the Area//Duty Magistrate or the trial Court. N.H.Q./T-8/S Bail allowed