2004 PLP 2392 (YLR)
NAVEED — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 2392 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | NAVEED — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 2392 (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 2004 PLP 2392 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2392 (YLR) (NAVEED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. A. Zafar for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.354-A
Accused alongwith his co-accused had allegedly put off the clothes of the victim lady
Victim in. her statement under S.161, Cr.P.C. had fully supported the prosecution case involving the accused
Accused had been placed in Column No.3 of the challan
Case of accused was hit by the prohibitory clause of S. 497(1), Cr. P. C.
Bail was declined to accused in circumstances. Bashir Abbas Khan for the Complainant.
Judgment & Decree
Learned counsel for the petitioner submits that according to case diary, dated 10-3-2003 written by DSP, petitioner has been found innocent, that case of the present petitioner is of further inquiry coupled with the fact that he was arrested on 27-2-2003 and not a single witness has been examined so far till today.
2. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that specific role is attributed to the present petitioner, that on so many dates of hearing co-accused who was allowed bail namely, Ghulam Qadir is not appeariris and making applications that he is not well that delay is being caused from the complainant side, that the alleged victim in her statement recorded under section 161, Cr.P.C. has fully supported the prosecution case and involving the present petitioner.
3. I have heard learned counsel for the parties. In the instant case, I had allowed bail to Muhammad Saleem in Criminal Miscellaneous No. 4048/B/2003 and then two applications for cancellation of bail i.e Criminal Miscellaneous No.4134/CB/2003 titled as Falak Sher Versus Ghulam Qadir and Criminal Miscellaneous No. 3150/B/2003 titled as Falak Sher v. State etc. were dismissed by this Court, as they were allowed bail by learned Addl. Sessions Judge. I have gone through reports under section 173, Cr.P.C., dated 1-3-2003 and 15-4-2003 in which petitioner has been placed in Column No.3 of the Challan. Petitioner is person who along with other co-accused have put off the clothes of victim Zanib Bibi and his case is fully covered by the prohibitory clause of section 497 (1), Cr.P.C., no ground for bail is made, therefore, this petition is dismissed. Learned trial Court is also directed that if Ghulam Qadir accused without any reasonable cause did not appear, he can cancel his bail, separate his case or exempt his presence from the case and dispose of the same within three months from today without fail. N.H.Q./N-380/L Bail refused.