1996 P Cr (PLP)
MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent
| Citation | 1996 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1996 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 P Cr (PLP)?
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: 1996 P Cr (PLP) (MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sahibzada Farooq Ali Khan for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S. 302/337-A/337-F/148/149/ 109
Accused had successively been declared innocent in various investigations after discrete probe and searching inquiries associating a large number of persons and the opinion of Investigating Officers did not smack of mala fides
Case against accused, thus, fell within the purview of S.497(2), Cr.P.C. and needed further inquiry
Judgment & Decree
Muhammad Bashir Khan for the Complainant. Mehr Muhammad Saleem for the State. This is an application for bail after arrest on behalf of the petitioner in a case F.T.R. No.297, dated 16-8-1994 for the offences under sections 302, 109, 148 and 337-A/F read with section 149, P.P.C. registered at Police Station, Chichawatni, District Sahiwal.
2. The allegation against the petitioners is that the petitioners, alongwith other accused, committed Qatl-i-Amad of Muhammad Akram deceased.
3. This petition is not pressed on merits. It is contended by learned counsel for the petitioners that the petitioners were found innocent in various investigations. The learned counsel for the State and the complainant have opposed this bail application.
4. I have heard learned counsel for the parties and perused the record.
5. Its emerges that the petitioners have been successively declared innocent in various investigations after discrete probe and searching inquiries associating a large number of people in the process of investigation.
6. The opinions of the Investigating Officers do not smack of mala fides on the part of the police. These opinions, though not binding on the Court, put it on inquiry as to the veracity of the prosecution case. Reliance in his respect has been placed upon Rehmat Ullah alias Rehman v. The State and another 1970 SCMR
299. Under these circumstances, I am inclined to hold that the case against the petitioners falls within the purview of section 497(2), Cr.P.C. and as such they are entitled to the concession of bail. In view of above, the petitioners are allowed to be released on bail on their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate Chichawatni. N.H.Q./M-2010/L Bail allowed.