PCRLJ 1987

1987 P Cr (PLP)

KHAN MUHAMMAD‑‑Petitioner Versus THE STATE‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 129/13 of 1987, decided on 24th February, 1987.
Honorable Judges
Khizar Hayat, J
Case Reference Summary (AEO Optimized)
Citation 1987 P Cr (PLP)
Forum / Court Lahore
Bench Members Khizar Hayat, J
Parties KHAN MUHAMMAD‑‑Petitioner Versus THE STATE‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1987 P Cr (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 1987 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1987 P Cr (PLP) (KHAN MUHAMMAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑

Representation

  • Malik Sharif Ahmad for Petitioner.

Headnotes / Summary

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 298‑C‑‑Bail, grant of‑ Petitioner charged for having written Kalma Tayyaba and verses of the Holy Qur'an inside worship place of Qadianis‑‑Prima facie petitioner not appearing to have, offended provision of S. 298‑C, P.P.C.‑‑Offence not being covered by prohibitory clause of S. 497, Cr.P.C. petitioner was entitled to concession of bail, in circumstances. Syed Athar Hussain Bokhari for the Complainant. Ata Ullah for the State.

Judgment & Decree

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 298‑C‑‑Bail, grant of‑ Petitioner charged for having written Kalma Tayyaba and verses of the Holy Qur'an inside worship place of Qadianis‑‑Prima facie petitioner not appearing to have, offended provision of S. 298‑C, P.P.C.‑‑Offence not being covered by prohibitory clause of S. 497, Cr.P.C. petitioner was entitled to concession of bail, in circumstances. Malik Sharif Ahmad for Petitioner. Syed Athar Hussain Bokhari for the Complainant. Ata Ullah for the State. Khan Muhammad petitioner herein stands arrested under section 298‑C , P.P.C. by City Police D . G . Khan. He was refused bail by the lower Court, hence this application.

2. According to the F.I.R. petitioner has written "Kalma Tayyaba" and verses of Holy Qur'an inside the place of worship of Qadianis. It is alleged that the petitioner by doing so has committed an offence) within the mischief of section 298‑C, P.P.C. I have gone through the relevant section. It says that any person of the Qadiani group or the Lahori group if directly or indirectly, poses himself as a Muslim, or calls or refers to his faith as Islam, or preaches or, propagates his faith or invites others to accept his faith, would be l held guilty under this section. Prima facie the petitioner does not appear to have offended the provision of section 298‑C, P.P.C. Furthermore the sentence provided is 3 years therefore, it does not fall within the prohibitory clause of section 497, Cr.P.C. in the circumstances I feel inclined to allow this petition. He is directed to be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, D.G. Khan. S.G.D./K‑40/L Bail granted.