PCRLJ 2002

2002 P Cr (PLP)

ZAHEER alias FAUJI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.126/B of 2001, decided on 28th February, 2001.
Honorable Judges
Ali Nawaz Chowhan and M. Javed Buttar, JJ
Case Reference Summary (AEO Optimized)
Citation 2002 P Cr (PLP)
Forum / Court Lahore
Bench Members Ali Nawaz Chowhan and M. Javed Buttar, JJ
Parties ZAHEER alias FAUJI‑‑‑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 2002 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 2002 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan and M. Javed Buttar, JJ.

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

Cite this legal precedent as: 2002 P Cr (PLP) (ZAHEER alias FAUJI‑‑‑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

  • Qazi Zia Zahid for Petitioner.

Headnotes / Summary

‑‑S. 497-‑‑Penal Code (XLV of 1860), Ss.302/392/34 ‑‑‑ Anti‑Terrorism Act (XVII of 1997), Ss.6 & 7‑‑‑Bail, grant of‑‑‑Evidence ‑vas in the nature of last‑seen evidence of prosecution witnesses who saw the deceased before his death in the company of the accused‑‑‑Prima facie case was made out against the accused for his role in planning the case though he was not seen at the place of occurrence‑‑‑Accused could not be enlarged on bail in circumstances. Tariq Bilal for the State.

Judgment & Decree

Qazi Zia Zahid for Petitioner. Tariq Bilal for the State. The matter pertains to F.I.R. No.368, dated 9‑7‑2060 lodged under sections 302, 392 and 34, P.P.C. and under sections 6 and 7 of the Anti‑Terrorism Act (XXVII of 1997), at Police Station Sarai Alamgir, District Gujrat.

2. Briefly‑the facts of the case are as follows:‑‑ On 9‑7‑2000, the dead body of an, unknown person was found floating in the Upper Jhelum Canal, near the Kharian Railway Gate in the area of Police Station Sarai Alamgir. Muhammad Saeed who saw the dead body, lodged the F.I.R. with the Police Station Sarai Alarngir. During investigation, it was discovered that the dead body was of Raja Qamar‑uz‑Zaman; resident of pothi Rajgan, Police Station Sarai Alamgir. The deceased was owner of a Corolla Car bearing Registration No.IDK‑2728. This he was "sung as a private taxi and was attached with a dealer "Usman Rent‑a‑Car located in Kharain City. It also then transpired that on 3‑7‑2000 at about 1‑15 p.m. Qamar‑uz‑Zaman deceased stopped his car near a bus stop and met Amir Zaman and Muhammad Nadeem, P.Ws., and informed them that he was taking Muh4mmad Asim Butt and Mst. Rehana Kausar, the co- accused, as passengers to Jhelum. That he would return by the evening, When Qamar‑uz‑Zaman did not return, Aamir Zaman tried to contact Muhammad Asim Butt and Mst. Rehana Kausar at their addresses but could not find them. He expressed the apprehension that they bay have killed Qamar‑uz‑Zaman for taking away his car, after throwing his dead body in the canal with the help of the petitioner Muhammad Zaheer alias Fauji Muhammad Asif. Muhammad Nasir and Muhammad Irfan co- accused who have stolen his car, gold chain, wrist watch, identity card and passport etc.

3. It was further alleged that the aforementioned persons had hired the car of Qamar‑uz‑Zaman.

4. A piece of evidence is in the nature of last‑seen evidence of Muhammad Azam and Abdul Khaliq, P.Ws., who saw the deceased in the company of Muhammad Asim, Nasir Majeed, Muhammad' Asif, petitioner Muhammad Zaheer and Irfan alias Fani.

5. A prima facie case is made out against the accused for his role in planning this case. Although he was not seen at the place of occurrence. Under the circumstances, we are not inclined to enlarge him on bail. Dismissed. J.A.M./Z‑70/L Bail application dismissed.