2005 PLP 1201 (YLR)
BASHIR AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1201 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | BASHIR AHMAD — 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 1201 (YLR)?
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 1201 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1201 (YLR) (BASHIR AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Ali Chowhan for Petitioner.
- Date of hearing: 10th June, 2004.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 337-A(i)(iii)/337-F(D)/148/149
Delay of 11 days in lodging F.I.R. and no explanation was given by prosecution for such delay
Said delay had left room to entertain doubt qua the truth in version of complainant as contained in F.I.R. and benefit of every doubt, even at bail stage was to be given to accused
Case of accused, in circum-stances required further inquiry into his guilt attracting subsection (2) of S. 497, Cr.P.C.
Accused was admitted to bail, in circumstances. Raisa Sarwar for the State. Mian Fazal Rauf Joya for Complainant.
Judgment & Decree
Petitioner Bashir Ahmad through the instant petition has sought for post-arrest bail in case F.I.R. No.554 dated 15-11-2003 under section 337-A(i)(iii)/ 337-F(i)/148/149, P.P.C. Police Station, Sadar Arifwala, District Pakpattan Sharif.
2. Briefly the prosecution case as per F.I.R. is that on 4-11-2003 at about 8-00 a.m. Bashir Ahmad (petitioner) armed with Sota, Pappu with Kassi, Sarwar with Sota, Shamon with Sota and Ghulam Farid empty-handed, in prosecution of the common object of unlawful assembly formed by them have thrashed the complainant as well as his brother Abdul Sattar. They have caused them injuries with their respective weapons. One injury caused by the petitioner to Abdul Sattar at his nose has been declared as the fracture of his nasal bone.
3. The motive behind the occurrence is that 3/4 days prior to the same a quarrel had taken place between Bashir Ahmad and injured Abdul Sattar. On grudge over the same the accused have committed the said act.
4. After hearing the learned counsel for the parties and perusing the record, I find that there is at least 11 days delay in lodging the F.I.R. The medical examination of the complainant and injured had been conducted on 5-11-2003. It, thus was on the next day of the alleged incident. The case but still was got registered after ten days of the same.
5. It has been noticed that in the F.I.R. no explanation of such delay has been given. This delay has left room to entertain doubt qua the truth in the version of the complainant as contained in the F.I.R.
6. It may be mentioned here that it is settled proposition in law that benefit of every doubt, even at bail stage, is to be given to the accused. His case, therefore, requires further inquiry into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
7. He statedly was arrested on 4-12-2003 and is behind the bars since then. He is also stated to be previous convict, which has not been controverted by the other side.
8. In these circumstances, I find that the case for his enlargement on bail has been made out. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Illaqa/Duty Magistrate.
9. It may be made clear that any observation made above shall not influence the mind of the learned trial Court in any manner. H.B.T./B-68/L Bail granted.