2005 PLP 1054 (YLR)
FAKHAR HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1054 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | FAKHAR HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1054 (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 2005 PLP 1054 (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: 2005 PLP 1054 (YLR) (FAKHAR HUSSAIN — 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.
- Date of hearing: 6th December, 2004.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss.452/324/448/ 511/ 429/ 380/ 148/ 149
Accused was found innocent by police in investigation and application was submitted for discharge of accused, but Magistrate did not agree with said report of discharge
No recovery was effected from accused
No human being was injured and only one cattle had died and two others were injured
Case of accused being of further inquiry falling under subsection (2) of S.497, Cr.P.C., accused was allowed bail. Abaid Ullah Khan Masood for the State.
Judgment & Decree
It is contended by the learned counsel for the petitioner that in all there were nine accused, five were named in the F.I.R. while four were unknown, that nobody was injured except two cattle were injured while one cattle died, that petitioner was found innocent, discharge report was prepared but the learned Magistrate did not agree with the said report, that no recovery was effected from him and his case is of further inquiry falling under sub-Clause 2 of section 497, Cr.P.C.
2. Learned State counsel submits that 70 crime empties were recovered from the spot, that petitioner was present at the spot but police had declared him innocent.
3. I have heard learned counsel for the parties and have also gone through the F.I.R. It is correct that the police along with one Nazar Hussain co-accused declared the petitioner innocent but he was named in the F.I.R. along with co-accused, no recovery was effected from him, no human being was injured one cattle had died and two were injured, he was found innocent, application was submitted for the discharge of the petitioner but learned Magistrate did not agree with the said report of discharge. To my mind, case of the petitioner is of further inquiry falling under sub-Clause 2 of section 497, Cr.P.C. therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.50,000 (Fifty thousand) with one surety in the like-amount to the satisfaction of trial Court. H.B.T./F-74/L Bail granted.