2005 PLP 1453 (MLD)
MUHAMMAD ASIF KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1453 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASIF KHAN — 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 1453 (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 1453 (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 1453 (MLD) (MUHAMMAD ASIF KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chowhan for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 392, 394 & 337-F(iii)
Further inquiry--Police record showed that, accused had not caused any injury and injury was attributed to the co-accused
Whether accused had shared common intention for commission of dacoity or co-accused who fired at the victim, intended to commit his murder, was not clear from the record
Police had stated that accused was present with motorcycles of accused party
No source of light was mentioned as to how witnesses identified accused--Accused who was arrested in case under S. 392, P.P.C., had already been admitted to bail by Trial Court
Present case against accused was also of further inquiry
Judgment & Decree
Petitioner Muhammad Asif Khan son of Hakim Ali seeks after arrest bail in case F.I.R. No.311 of 2003, dated 25-11-2003 under sections 394, 337-F(iii), P.P.C. registered at Police Station, Sadar, Mianwali, at the instance of Abdul Qayum.
2. The allegation against the accused is that on 24-11-2003 at about 10 a.m. Fiaz Hussain along with others were driving Suzuki Van from his bakery and were intercepted by the accused who were armed with fire-arms and one of them fired at Fiaz Hussain hitting on his left leg. However, they managed to escape.
3. The petitioner was arrested on 16-12-2003 along with his co-accused and according to the police official present in Court, statements of Abdul Aziz Khan and Abid Khan were recorded who had suspected the petitioner along with his co-accused Amir Moawya and Azmat Khan in the instant case and thereafter identification parade was held in jail and P.Ws. identified the petitioner and his co-accused responsible for commission of the crime.
4. The petitioner was declined after arrest bail by the learned Additional Sessions Judge, Mianwali vide order dated 26-8-2004. Hence this petition.
5. Learned counsel for the petitioner and for the State have been heard exhaustively and record had been perused.
6. Admittedly, as per police record the petitioner has not caused the injury. However, it has been attributed to Ameer Moawya, co-accused. Whether the petitioner shared common intention for commission of dacoity or co-accused who fired at Fiaz intended to commit his murder is not clear from the record. It has been stated by the police official present with record that the petitioner was present with motorcycles of the accused party. In the F.I.R. no source of light was mentioned that how they identified the accused. The petitioner was arrested in case F.I.R. No.319 under section 392, P.P.C. in which he has already been admitted to bail by the learned trial Court, therefore, the present case against the petitioner is also of further inquiry. Hence he is admitted to bail subject to his furnishing of bail bonds in the sums of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court. H.B.T./M-1099/L Bail granted.