2005 PLP 949 (MLD)
MUHAMMAD AMJAD — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 949 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD AMJAD — 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 949 (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 2005 PLP 949 (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: 2005 PLP 949 (MLD) (MUHAMMAD AMJAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Nawaz for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.380 & 457
Accused had been specifically nominated in F.I.R. as one of the perpetrators of alleged offences and narration of F.I.R. had shown his active participation in the entire transaction
Eye-witnesses mentioned in F.I.R. had so far stood by their statements made before police fully implicating accused in alleged offences
No background of bitterness or ill-will between the complainant party and accused had been pointed out so as to prompt complainant to falsely implicate accused in a case of such a nature
Accused though had not physically entered the house of complainant, but because of his alleged active complicity and involvement in the entire transaction sharing of common intention by accused and his vicarious liability for offences allegedly committed by his co-accused, was, prima facie, quite apparent in the case
Accused was involved in ten other criminal cases pertaining to offences under Ss.381-A, 382, 392 & 411, P.P.C.
Accused allegedly remained fugitive from law in connection with the present case
Prima facie reasonable ground existed to believe in accused's involvement in alleged offences
Judgment & Decree
Through this petition Muhammad Amjad petitioner has sought post-arrest bail in case F.I.R. No.364 registered at Police Station Kotwali, District Jhang on 2-8-2003 for offence under sections 457/380, P.P.C.
2. The petitioner had been specifically nominated in the F.I.R. as one of the perpetrators of the alleged offences and the narration of the F.I.R. shows an active participation of the petitioner in the entire transaction. It is not disputed that the eye-witnesses mentioned in the F.I.R. have so far stood by their statements made before the police fully implicating the petitioner in the alleged offences. The learned counsel for the petitioner has remained unable to point out any background of bitterness or ill-will between the complainant party and the petitioner so as to prompt the former to falsely implicate the latter in a case of this nature. The F.I.R. shows that the petitioner had not physically entered the house of the complainant but at the same time because of his alleged active complicity and involvement in the entire transaction sharing of common intention by the petitioner and his vicarious liability for the offences allegedly committed by his co-accused is prima facie quite apparent in this case. The order dated 17-7-2004 passed by the learned Additional Sessions Judge, Jhang shows that the petitioner is involved in ten other cases pertaining to offences under sections 381-A, 382, 392 and 411, P.P.C. The petitioner had also statedly remained a fugitive from law in connection with the present case. For all these reasons prima facie reasonable grounds exist to believe in the petitioner's involvement in the alleged offences and I have not felt persuaded to admit the petitioner to bail at such a stage. This petition is, therefore, dismissed. H.B.T./M-966/L Bail petition dismissed.