2008 PLP 195 (MLD)
ABDUL REHMAN — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 195 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL REHMAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 195 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 195 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 195 (MLD) (ABDUL REHMAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302/34
Further injury
Co-accused had already been granted bail
No sharp-edged injury was alleged in F.I.R. to have been inflicted by accused though mentioned in Medico-legal Report
Cause of death was also not ascertainable which had brought the case of accused within the four corners of further inquiry
Discretion had been exercised in favour of accused in view of rule of consistency
Judgment & Decree
SH. AZMAT SAEED, J.
Criminal Miscellaneous No. 1636-B of 2007 filed on behalf of petitioner Abdul Rehman seeking post-arrest bail arises from case F.I.R. No.120, dated 12-5-2006 registered with Police Station Muzafar Abad District Multan for offences under section 302/34, P.P.C.
2. The precise allegation as embodied in the F.I.R. is that petitioner and the co-accused Ashiq Hussain gave beating to deceased. The co-accused was allegedly sitting on the chest of the deceased while the petitioner held his arms. Complainant and the P.Ws. intervened and rescued the victim who subsequently died.
3. Learned counsel for the petitioner contends that prosecution version does not find support from the medical as well as Chemical Examiner's report. Adds that petitioner did not use any weapon and there is no specific attribution to him and no previous enmity exists between the petitioner and deceased motivating the petitioner to do away with the deceased. Adds that police during the investigation concluded that no offence under section 302, P.P.C. was made out and in fact section 322, P.P.C. was attracted which does not fall within the ambit of prohibitory clause to section 497, Cr.P.C.
4. Learned counsel for the State controverts the assertions and opposes the grant of bail on the ground that petitioner is involved in a heinous offence.
5. Admittedly, the co-accused of the petitioner namely Ashiq Hussain has already been granted bail by this Court vide order, dated 6-2-2007 in Criminal Miscellaneous No. 3634-B of 2006. There is no reference of any sharp-edged injury alleged to have been inflicted by the petitioner in the F.I.R. though mentioned in the MLR. Cause of death is also not ascertainable. The aforesaid brings the case of the petitioner within the tour corners of further inquiry, and by following the rule of consistency, I am inclined to exercise discretion in his favour with the consequence that petitioner shall be released on bail subject to furnishing bail bonds in the sum of Rs.150,000 with two sureties each in the like amount, to the satisfaction of the trial Court. H.B.T./A-222/L Bail granted.