2008 PLP 2009 (YLR)
QAISER WASEEM — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 2009 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Hasnat Ahmad Khan, J |
| Parties | QAISER WASEEM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 2009 (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 2008 PLP 2009 (YLR)?
The case was heard and decided by the Lahore bench comprising: Hasnat Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2009 (YLR) (QAISER WASEEM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Jamil Sadiq for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.302, 324, 148 & 149
Accused had been specifically named in F.I.R. with a specific role of causing injuries on the head of injured prosecution witness
Weapon of offence/pistol used as blunt weapon was duly recovered from accused during investigation
Medico-legal Certificate had supported the case of the prosecution
Nothing was on record to suggest that accused did not share common intention with his co-accused who committed murder of brother of complainant
Offence allegedly committed by accused fell within the prohibitory clause of S.497, Cr. P. C.
Accused remained fugitive from law for more than a month
Charge had already been framed and the trial was in progress
Deeper appreciation of evidence at bail stage would not be justifiable. Mrs. Azra Israr, D.P.-G. with Altaf A.S.-I. Muzamil Akhtar Shabir and Muqtedir Akhtar Shabir for the Complainant.
Judgment & Decree
HASNAT AHMAD KHAN, J.
Through this application Qaiser Waseem alias Muthoo-petitioner has sought post-arrest bail in case F.I.R. No.467 of 2007, dated 6-8-2007 registered at Police Station Model Town, Gujranwala, in respect of offences under sections 324/148/149, P.P.C. Later on due to the death of Asad Ismail, section 302, P.P.C. was also added.
2. Precise allegation against the petitioner as per F.I.R. is that on 5-8-2007 at 10-30 p.m. he along with Zohaib, Kamran and Javed caused injuries to the brother of complainant, Asad Ismail, who later on succumbed to his injuries on 23-8-2007. During the occurrence Umar Ilyas and Ali Nauman, P.Ws. were also roughed up by the accused persons.
3. After hearing the arguments put forth by the learned counsel for both the sides I have gathered that the petitioner has been specifically named in the F.I.R., with a specific role of causing injuries on the head of Ali, injured P.W. During the investigation the weapon of offence i.e. pistol, which was used as a blunt weapon was duly recovered from the accused. The medico-legal certificate supports the case of the prosecution. At this stage there is nothing on the record to suggest that the petitioner did not share common intention with his co-accused who committed murder of Asad, brother of the complainant. The offence allegedly committed by the petitioner falls within the prohibitory clause. It has further been brought to my notice that the petitioner remained fugitive from law for more than a month. Admittedly the charge has already been framed and the trial is in progress. At this stage deeper appreciation of evidence would not be justifiable. Therefore, the petition in hand being found meritless is dismissed. H.B.T./Q-13/L Bail refused.