PCRLJ 1986

1986 P Cr (PLP)

MUHAMMAD ALI Petitioner Versus THE STATE Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 990‑B of 1985, decided on 28th May, 1985.
Honorable Judges
Muhammad Rafiq Tarar, J
Case Reference Summary (AEO Optimized)
Citation 1986 P Cr (PLP)
Forum / Court Lahore
Bench Members Muhammad Rafiq Tarar, J
Parties MUHAMMAD ALI Petitioner Versus THE STATE Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 P Cr (PLP) (MUHAMMAD ALI Petitioner Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Mian Muhammad Shafique Bhandara for Petitioner.

Headnotes / Summary

‑‑‑Ss. 497 & 498‑‑Penal Code (XLV of 1860), Ss. 302 & 382/34‑‑Bail, grant of‑‑Only allegation against accused being that he was found standing in front of deserted Ihata from where dead body of deceased was subsequently recovered‑‑Accused found innocent by police‑‑Police officer of rank of D.S.P. also arriving at some conclusion‑‑Case of accused found to be of further inquiry‑‑Accused allowed bail in circumstances. Nemo for the State.

Judgment & Decree

‑‑‑Ss. 497 & 498‑‑Penal Code (XLV of 1860), Ss. 302 & 382/34‑‑Bail, grant of‑‑Only allegation against accused being that he was found standing in front of deserted Ihata from where dead body of deceased was subsequently recovered‑‑Accused found innocent by police‑‑Police officer of rank of D.S.P. also arriving at some conclusion‑‑Case of accused found to be of further inquiry‑‑Accused allowed bail in circumstances. Mian Muhammad Shafique Bhandara for Petitioner. Nemo for the State. Muhammad Ali petitioner has moved this petition for bail in a case registered against him and two others under sections 302 and 382/34, P.P.C. The F.I.R. version is that on 16th January, 1985 Mst. Shah Bibi, aged 7/8 years, daughter of Mian Khan complainant, was found missing. He alongwith others searched for her. The petitioner, his wife Mst. Maryam and his brother's daughter Mst. Nawab Bibi were found standing near their own deserted Ihata. The complainant enquired from the petitioner if Mst. Shah Bibi had come there, to which he replied in the negative. Thereafter, during a general search the dead body of Mst. Shah Bibi was found buried under heap of earth in the same Ihata. Three golden ear‑rings were found missing from her right ear. Learned counsel for the petitioner contends that there is no evidence against the petitioner and during the investigation it was found that Mst. Maryam Bibi had killed the minor girl in order to get the golden ear‑rings. He submits that the petitioner and Mst. Nawab Bibi were found innocent during the investigation. I have gone through the relevant material. The only allegation against the petitioner is that he was found standing in front of the asserted Ihata from where the dead body was subsequently recovered. The case was firstly investigated by S.H.O. P.S. Chuchak, who came to the conclusion that the petitioner and Mst. Nawab Bibi are innocent. A Thereafter, an officer of the rank of D.S.P. also arrived at the same conclusion. In the circumstances, I feel inclined to the view that the case of the petitioner needs further inquiry. I, therefore, admit him t bail in the sum of Rs.20,000 with two sureties in the like amount t the satisfaction of Assistant Commissioner, Okara. H.A.K. Bail allowed.