2004 PLP 2129 (YLR)
MUHAMMAD KHAN‑‑‑Petitioner Versus THE STATE Respondent
| Citation | 2004 PLP 2129 (YLR) |
| Forum / Court | High Court |
| Bench Members | Ali Nawaz Chowhan, J |
| Parties | MUHAMMAD KHAN‑‑‑Petitioner Versus THE STATE Respondent |
Q1: What are the key laws and sections cited in 2004 PLP 2129 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 2129 (YLR)?
The case was heard and decided by the High Court bench comprising: Ali Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2129 (YLR) (MUHAMMAD KHAN‑‑‑Petitioner Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Safdar Hussain Tarar for Petitioner.
- Date of hearing 19th January 2004.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.497‑‑‑Pgnal Code (XLV of 1860), Ss.302/148/149‑‑‑Bail, grant of‑‑ Complainant had alleged that due to dishonest investigation challan had been placed showing accused innocent‑‑‑As the challan had already been submitted, whatever complainant wanted to say, could be said before Trial Court where trial had to commence‑‑‑Only a Lalkara was attributed to accused‑‑‑Bail was granted to accused in circumstances. S.D. Qureshi for the State.
Judgment & Decree
Matter pertains to case F'.I.R. No.101, dated 11‑4‑2003 registered at Police Station, Pindi Bhattian, District Hafizabad, under sections 302, 148 and 149, P.P.C.
2. The complainant side consisting of three men who are brothers were coming to the District Courts in Pindi Bhattian and reached at a point where two trucks had blocked the road. They descended from the car, when Muhammad Ajmal armed with pistol, Amjad Ali armed with pistol, Asif Ali armed with gun, Hassan Ali armed with a gun, Arif armed with a carbine, emerged. Amongst them, was the petitioner Muhammad Khan and Aslam as well. To whom both is attributed exhortation. When upon this exhortation, Ajmal using his pistol fired at Naveed Azhar. The second fire was shot by Amjad Ali hitting again Naveed Azhar, who staggered for a while and fell on the ground. Further allegation against Asif Ali and Arif is that they through simulating firing kept the complainant P.Ws. at bay and did not allow them to come and rescue Naveed Azhar.
3. There is an old enmity inter se the parties and according to the learned counsel, the possibility of roping in large number of persons from the other side besides the assailants is there. Learned counsel further states that only a Lalkara is attributed to Muhammad Khan and there is no other overt act ascribed. It is to be seen whether he shared any intention.
4. According to Mr. Nasrullah, Sub- Inspector, he is declared innocent and has been placed in Column No.2 of the challan.
5. The complainant is present before this Court. States that there is dishonest investigation, as a result of which the challan has been placed showing the petitioner innocent.
6. As the challan has already been submitted and whatever he has to say, it will be open him to say before the trial Court where the trial has to commence. As for the moment, keeping in view the role of the petitioner ascribed which is a Lalkara simplicitor, this Court allows bail to the petitioner subject to his furnishing hail bond in the sum of Rs.10,000 with a surety who should be local, in the like amount to the satisfaction of the trial Court. H.B.T./M‑303/L Bail granted.