P L D 1996 Lahore 192 (PLP)
MISAL DIN ‑‑‑ Petitioner Versus THE STATE ‑‑‑ Respondent
| Citation | P L D 1996 Lahore 192 (PLP) |
| Forum / Court | ‑‑‑‑ S. 497‑‑‑ "Reasonable grounds" ‑‑‑import ‑‑‑ Import of the* expression "reasonable grounds" occurring in S.497, Cr.P.C. is necessarily higher than mere. suspicion. ‑‑Words and phrases. |
| Bench Members | Muhammad Asif Jan, J |
| Parties | MISAL DIN ‑‑‑ Petitioner Versus THE STATE ‑‑‑ Respondent |
Q1: What are the key laws and sections cited in P L D 1996 Lahore 192 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1996 Lahore 192 (PLP)?
The case was heard and decided by the ‑‑‑‑ S. 497‑‑‑ "Reasonable grounds" ‑‑‑import ‑‑‑ Import of the* expression "reasonable grounds" occurring in S.497, Cr.P.C. is necessarily higher than mere. suspicion. ‑‑Words and phrases. bench comprising: Muhammad Asif Jan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1996 Lahore 192 (PLP) (MISAL DIN ‑‑‑ Petitioner Versus THE STATE ‑‑‑ Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sardar Altaf Hussain Khan for Petitioner.
Headnotes / Summary
(a) Criminal Procedure Code (V of 1898)‑‑‑ S. 497 ‑‑‑ Penal Code (XLV of IJ60), S. 302 ‑‑‑ Bail, grant of ‑‑‑ Complainant ,as well as the eye‑witnesses mentioned in the F.I.R. who were all related the deceased had sworn affidavits exonerating the accused from the charge‑‑ Reasonable grounds on the prosecution's own showing did not exist to believe that the accused was guilty of an offence punishable will death or imprisonment or life and his case needed further inquiry making him entitled to grant of bail‑‑Accused was admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑ S. 497‑‑‑ "Reasonable grounds" ‑‑‑import ‑‑‑ Import of the* expression "reasonable grounds" occurring in S.497, Cr.P.C. is necessarily higher than mere. suspicion. ‑‑[Words and phrases]. (c) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑ S. 497(l) & (2) ‑‑‑ Penal Code XLV of, 1860), S.302 ‑‑‑ Bail ‑‑‑ Where reasonable grounds to believe that a person is guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years do not exist as envisaged in S.497(l), Cr.P.C., then S.497(2), Cr.P.C. laying down the principle of "further inquiry" will come into operation and the grant of bail will follow almost as a matter of right and not as a matter of grace or concession. Mehr Muhammad Saleem Akhtar for the State
Judgment & Decree
Misal Din petitioner aged about 22 years was arrested on the 24th of May, 1995 in pursuance of a case registered against him vide first information report No.47/95 dated the 24th of May, 1995 recorded under section 302, P.P.C. at Police Station Rojan of District Rajanpur, regarding an occurrence which took place on the same day in the area of Mauza Wah Machka which is about 10 kilometres from the said police station. The specific allegation against the petitioner is to the effect that while armed with a .30 bore pistol he proclaimed that Mst. Zaindagh deceased wife of his brother complainant Fazal Din was (Kali) with one Ali Nawaz, which means that she was having an extra marital relationship with him and tberefore, has shot her dead.
3. Complainant Fazal Din husband of Mst. Zaindagh deceased as well as Umar Bakhsh and Muhammad Bakhsh who were cousins inter se and uncles of the deceased and were named as eye‑witnesses in the first information report have sworn affidavits to the effect that the case against the petitioner is false. More specifically, Fazal Din complainant has sworn an affidavit to the effect that he lodged a case against Misal Din petitioner on the basis of suspicion while Umar Bakhsh and Muhammad Bakhsh have stated that they were not present at all at the time of the alleged occurrence.
4. Legally, the ultimate result is that on the prosecution's own showing reasonable grounds to believe that the petitioner has been guilty of an offence 19 punishable with death or imprisonment for life do not exist. It is now settled law that the import of the expression reasonable grounds is necessarily higher than mere suspicion. No reasonable man in normal, reasonable circumstances can reasonably hold and equate mere suspicion with reasonable grounds. It is also settled law that where reasonable grounds to believe that a person is guilty of an offence punishable with death or imprisonable for life or imprisonment for 10 years do not exist as envisaged in subsection (1) ‑of section 497, Cr.P.C. . then it necessarily follows that subsection (2) of section 497, Cr.P.C. will come into operation which lays down another principle that where the reasonable, grounds believe that a person is guilty of an offence as mentioned in subsection (1) of section 497, Cr.P.C. do not exist but there may be ground for "further enquiry" then the grant of bail will follow almost as a matter of right and not grace or concession.
5. Resultantly, the 'petitioner is granted bail provided he furnishes bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate of Rojhan. N.H.Q./M‑2676/L Bail granted.