1992 PLP 1871 (MLD)
SARDAR BAKHSH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1992 PLP 1871 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Amir Malik J |
| Parties | SARDAR BAKHSH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 1871 (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 1992 PLP 1871 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Amir Malik J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1871 (MLD) (SARDAR BAKHSH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir A. Mujahid for Petitioner.
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑‑‑Extra‑judicial confession made by accused, circumstantial evidence in the form of accused carrying the shoes and his co‑accused carrying a Toka coming out of the Dera of the deceased and the recovery of Toka from co‑accused, required further probe to bring home the guilt to accused and his case needed further inquiry‑‑ Accused was allowed bail in circumstances. A.H. Masood for the State.
Judgment & Decree
‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑‑‑Extra‑judicial confession made by accused, circumstantial evidence in the form of accused carrying the shoes and his co‑accused carrying a Toka coming out of the Dera of the deceased and the recovery of Toka from co‑accused, required further probe to bring home the guilt to accused and his case needed further inquiry‑‑ Accused was allowed bail in circumstances. Bashir A. Mujahid for Petitioner. A.H. Masood for the State. The occurrence took place on the night intervening 19/20‑12‑1990 when Umar Hayat (deceased), the brother of Muhammad Ramzan complainant, sleeping near his cattle at the Dera, was found murdered in the early morning and report made to the police in this regard. None was named in the F.I.R. nor any suspicion against anybody expressed.
2. The petitioner who is stated to be about 70 years and his son Khizar Hayat about 30 years were arrested by the police on 5‑10‑1991. Three types of evidence have been collected, that of extra‑judicial confession made to Muhammad Amin P.W. on 29‑9‑1991, circumstantial evidence in the form o petitioner carrying the shoes and his co‑accused carrying Toka, coming out of the Dera of the deceased which is provided by Arshad and Muhammad Khan, P.Ws. while their statements were recorded on 3‑10‑1991 and the recovery of a, Toka from the petitioner's co‑accused on 5‑10‑1991. Learned counsel has correctly contended that these pieces of evidence at this stage would require further probe to bring whom the fact that a case is made out against the petitioner and it does require further inquiry. Hence allowed bail in the sum o Rs.50,000 with one surety in the like amount to the satisfaction of A.C. Sargodha. N.H.Q./S‑114/L Bail allowed.