2007 PLP 2828 (YLR)
MUHAMMAD ARSHAD — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 2828 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | MUHAMMAD ARSHAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2828 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 2828 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2828 (YLR) (MUHAMMAD ARSHAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Ahmad Bajwa for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.302, 148, 149, 170, 171 & 109
Occurrence in the case had taken place during night time and F.I.R. had been lodged with a noticeable delay
No specific overt act had been attributed therein to accused and accused was only present at the scene of the crime along with co-accused
Accused though was stated to be carrying weapon, but he had not caused any injury to any person
Accused was not directly connected with motive set up in F.I.R.
No weapon had been recovered from the possession of accused during investigation--Investigation had already been completed and Investigating Officer had recorded his opinion regarding innocence of,, accused
Challan prepared in connection l with the case, showed accused's name in Column No.2 thereof
Case against accused calling for further inquiry into his guilt within the purview of subsection (2) of S.497, Cr.P.C. he was admitted to bail. Ishfaque Ahmad Chaudhry for the State with Allah Bakhsh, S.-I. with record. Complainant in person.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.--Through this petition Muhammad Arshad petitioner has sought post-arrest bail in case F.I.R. No.311 registered at Police Station Gujjar Pura, Lahore on 2-5-2006 in respect of offences under sections 302/148/149/ '170/171/109, P.P.C.
2. After hearing the learned counsel for the parties and going through the record and after hearing the complainant in person it has been noticed by me that the occurrence in this case had taken place during a night and an F.I.R. in that regard A had been lodged with the noticeable delay. A perusal of the F.I.R. shows that no specific overt act had been attributed therein to the present petitioner and according to the F.I.R. the petitioner was only present at the scene of the crime along with his co-accused but it had never been mentioned in the F.I.R. that the petitioner was carrying any weapon with him or that he had caused any injury to any person. Apparently the petitioner was not directly connected with the motive set up in the F.I.R. Admittedly no weapon has been recovered from the petitioner's possession during the investigation of .this case. The investigation has already ' been completed and the Investigating Officer has recorded his opinion regarding innocence of the petitioner. In the challan prepared in connection with this case the petitioner's name has been mentioned in Column No.2 thereof.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-106/L????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.