1989 PLP 4078 (MLD)
Syed ALAMDAR HUSSAIN SHAH‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4078 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Nazir Akhtar, J |
| Parties | Syed ALAMDAR HUSSAIN SHAH‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4078 (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 1989 PLP 4078 (MLD)?
The case was heard and decided by the Lahore bench comprising: Nazir Akhtar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4078 (MLD) (Syed ALAMDAR HUSSAIN SHAH‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Nadeem Saqlain for Petitioner.
Headnotes / Summary
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 148/149‑‑Bail, grant of‑‑Accused was found guilty by two police officers during investigation‑‑Deputy Superintendent of Police of concerned Halqa also found him guilty on verification of investigation‑‑Investigation was entrusted to another D.S.P. thereafter who found the accused to be innocent‑‑Opinion found was based on sound material‑ No reasonable grounds to believe that the accused was guilty of offence alleged against him existing‑‑Bail granted in circumstances. C.M. Latif for the State.
Judgment & Decree
Syed Nadeem Saqlain for Petitioner. C.M. Latif for the State. This is an application for grant of bail filed by Syed Alamdar Hussain Shah in a case registered against him and others vide F.I.R. No. 189, dated 9‑8 1988 for an offence under section 302/148/149, P.P.C. at Police Station Lala Moosa, District Gujrat.
2. According to the F.I.R. the petitioner was armed with .7 mm rifle at the time of the occurrence. The petitioner and his five co‑accused were alleged to have fired at Riaz Hussain deceased.
3. I have heard the learned counsel for the parties and perused the relevant material. The investigation into the case was originally conducted by Javed Iqbal, S.I. Police Station Saddar Lala Moosa, who found all the six accused persons including the petitioner to be guilty. Nazar Hussain, Inspector/S.H.O. of the said police station agreed with his conclusion. The Halqa Officer, D.S.P. Kharian verified the investigation and agreed that all the accused persons were guilty.' However, thereafter, the investigation was entrusted to Farooq Ahmad, D.S.P. Phalia, who, vide his Zimni No. 47, dated 23‑5‑1989 found that four accused persons, namely, Nazar Hussain Shah, Ashiq Hussain Shah, Azar Hussain Shah and the present petitioner Alamdar Hussain Shah, were innocent. Hence, he recommended that their names be placed in column No.2 of the challan. As regards the petitioner, the D.S.P. Phalia verified from 50/60 persons that the petitioner was present in his village Karam Shah Qazian. His opinion regarding the petitioner's innocence appears to be based on sound material.
4. The matter regarding the Petitioner's guilt requires further probe and investigation. At this stage, there are no reasonable grounds for believing that the petitioner is guilty of the offences alleged against him.
5. In this view of the matter, I accept thus application and allow bail to the subject to his furnishing bond in the sum of Rs.25,000 with one surety petitioner s` the like amount to the satisfaction of the Assistant Commissioner/Duty m Magistrate, Gujrat. Bail allowed.