2012 PLP 707 (SCMR)
MUHAMMAD AFZAL — Petitioner Versus THE STATE — Respondent
| Citation | 2012 PLP 707 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mahmood Akhtar Shahid Siddiqui and Jawwad S. Khawaja, JJ |
| Parties | MUHAMMAD AFZAL — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 707 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 707 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mahmood Akhtar Shahid Siddiqui and Jawwad S. Khawaja, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 707 (SCMR) (MUHAMMAD AFZAL — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawar Mahmood, Advocate Supreme Court for Petitioner.
- Date of hearing: 23rd November, 2009.
- Malik Rab Nawaz, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore dated 16-7-2009 passed in Criminal Miscellaneous No.8162-B of 2009).
S. 497
Penal Code (XLV of 1860), S.302
Accused pressed into service plea of alibi and contended that he was employee of transport company and was at place "S" and not at his house at place "J" at the time of occurrence
High Court had rightly observed that such was a matter, the veracity whereof would be determined at trial
Supreme Court declined to differ with High Court
Bail was refused. Amanat Ali Bukhari, Dy. P.-G. Punjab with Muhammad Mumtaz, ASI, Police Station Lalian, District Jhang for the State. Malik Rab Nawaz, Advocate Supreme Court for the Complainant.
Judgment & Decree
MAHMOOD AKHTAR SHAHID SIDDIQUI, J.
The petitioner, Muhammad Afzal seeks bail in case F.I.R. No.13 of 2009 dated 24-1-2009, registered at Police Station Lalian District Jhang, under section 302, P.P.C. The High Court has disallowed him bail, inter alia, for the reason that there is sufficient material gathered during the investigation of the case, which implicates the petitioner for the murder of his wife, Mst. Afia Bibi. Furthermore, learned counsel for the complainant has pointed out and this fact has also been noted by the High Court that the petitioner remained an absconder for over two months after the commission of the offence. Learned counsel for the petitioner, however, stated that the petitioner had attended the funeral ( ) of his wife and had thereafter been taken into custody by the Police, although his arrest was not shown in the Police record. Upon being questioned, if the petitioner had applied for pre-arrest or post-arrest bail in the case or had moved any habeas corpus petition against his alleged illegal confinement, the learned counsel acknowledged that no such petitions had been filed.
2. Learned counsel for the petitioner only pressed into service the alleged alibi that the petitioner being an employee of Daewoo Company, was at Sargodha and not at his house at Jhang at the time of occurrence. The High Court has rightly observed that this is a matter, the veracity whereof will be determined at the trial.
3. In view of the foregoing discussion, we find no justification for differing with the High Court and granting bail to the petitioner. This petition is, therefore, dismissed and leave is declined. M.H./M-17/SC Bail refused.