2009 PLP 2197 (YLR)
SHABBIR HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2009 PLP 2197 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Sajjad Hussain Shah, J |
| Parties | SHABBIR HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 2197 (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 2009 PLP 2197 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Sajjad Hussain Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2197 (YLR) (SHABBIR HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Tanvir Ch. for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302/337-A(i)/109/34
Earlier petition for post-arrest bail was dismissed having been withdrawn
Submission of counsel for complainant was that statements of all the prosecution witnesses, except one had been recorded by the Trial Court and the trial was almost complete
Bail petition of accused was dismissed with the direction to the trial Court to conclude the trial expeditiously. Syed Asghar Hussain Sabzwari for the Complainant. Ch. Saleem-ul-Haq A.A.-G. with Abdul Razzaq, S.-I.
Judgment & Decree
SYED SAJJAD HUSSAIN SHAH, J.
Petitioner Shabbir Hussain through the instant petition has sought post-arrest bail in a case F.I.R. No. 370 dated 4-11-2003 under sections 302/337-A(i)/109/34 P.P.C. registered with Police Station, I-9, Islamabad.
2. The allegation against the petitioner is that he along with his co-accused while armed with deadly weapons committed the murder of Talib, the brother of the complainant and also injured the complainant with the butt blows of pistol.
3. It is contended by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case and has nothing to do with the alleged offence. Further submits that he is not nominated in the F.I.R. and was subsequently implicated in this case. Further adds that nothing incriminating has been recovered from his possession and was declared innocent during the investigation by placing in column No. II of the report under section 173, Cr.P.C. Further maintained that it is a case of further inquiry and that the petitioner is behind the bars and no more required for further investigation.
4. Conversely, learned D.P.-G. has opposed the instant petition by submitting that a specific role has been ascribed to the petitioner and statement of all the prosecution witnesses except one has been recorded. Further submits that petitioner's earlier petition seeking the same relief has already been dismissed by this Court, therefore, the petitioner is not entitled for any discretionary relief of bail.
5. Arguments heard. Record perused.
6. Petitioner's earlier petition for post-arrest bail i.e. Crime Misc No. 450-B of 2007 was dismissed as having been withdrawn on 21-6-2005. The learned counsel appearing on behalf of the complainant submits that the statement of all the prosecution witnesses except one has been recorded by the trial Court and the A trial is almost complete.
7. In view of the above, without commenting upon the merits of the case, which may prejudice the case of either party, this petition is dismissed with the direction to the trial Court to conclude the trial expeditiously preferable within one month. H.B.T./S-103/L Bail refused.