PCRLJ 1988

1988 P Cr (PLP)

JAVAID HUSSAIN and others — Petitioners Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.2511/B of 1988, decided on 2nd August.
Honorable Judges
Qurban Sadiq Ikram, J
Case Reference Summary (AEO Optimized)
Citation 1988 P Cr (PLP)
Forum / Court Lahore
Bench Members Qurban Sadiq Ikram, J
Parties JAVAID HUSSAIN and others — Petitioners 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 1988 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 1988 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Qurban Sadiq Ikram, J.

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

Cite this legal precedent as: 1988 P Cr (PLP) (JAVAID HUSSAIN and others — Petitioners 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

  • Iqbal Mahmood Awan for Petitioners.
  • Date of hearing: 2nd August, 1988.

Headnotes / Summary

S. 497--Bail, grant of--Two accused who forcibly entered the house of complainant, snatched his gun and absconded--Other accused who was seen sitting in a garden by police party, threw away his gun and ran away--No recovery was effected from co-accused and complainant did not receive any injury on his person--Parties were closely related to each other and F.I.R. was recorded after delay of 5 days--Case, being of further enquiry, accused granted bail. Shah Nawaz Khan for the State.

Judgment & Decree

S. 497--Bail, grant of--Two accused who forcibly entered the house of complainant, snatched his gun and absconded--Other accused who was seen sitting in a garden by police party, threw away his gun and ran away--No recovery was effected from co-accused and complainant did not receive any injury on his person--Parties were closely related to each other and F.I.R. was recorded after delay of 5 days--Case, being of further enquiry, accused granted bail. Iqbal Mahmood Awan for Petitioners. Shah Nawaz Khan for the State. Date of hearing: 2nd August, 1988. Muhammad Shafi complainant is brother of Karar Hussain father of present petitioners. On 31-1-1988 he got a case registered at Police Station Saddar Hafizabad regarding an occurrence which took place on 26-1-1988. It was stated by him in the FIR that he had got a case registered against his brother Karar Hussain to the annoyance of Javed Hussain, Tariq Hussain and Altai Hussain. On 26-1-1988 the three accused forcibly entered his house and snatched his gun valuing Rs.25,000. The police after registration of the case undertook investigation and arrested Javed Hussain and Altai Hussain accused. It is stated that their brother Tariq Hussain is serving in Islamabad. Hence this petition. 2. I have heard learned counsel appearing on behalf of the parties and perused the record. According to prosecution the two petitioners absconded after the occurrence. Javed Hussain petitioner was seen sitting in a garden by police party. He threw away the gun and ran away. No recovery was effected from Altaf Hussain. During this occurrence Muhammad Shafi complainant did not receive any injury on his person. The parties are closely related to each other and involved in inter se criminal litigation. The FIR was recorded after delay of 5 days. It is prosecution's own case that at the time of recovery the gun was not held by Javed Hussain petitioner in his hands. I find the case of the two petitioners to be that of further enquiry. Javed Hussain and Altai Hussain petitioners are admitted to bail on their furnishing bail bond in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Hafizabad. H.B.T./J-37/L Bail granted.