2007 PLP 1181 (YLR)
MUHAMMAD AMIN — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1181 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. A. Shahid Siddiqui, J |
| Parties | MUHAMMAD AMIN — 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 1181 (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 1181 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. A. Shahid Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1181 (YLR) (MUHAMMAD AMIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- N. A. Butt for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.302, 324, 148 & 149
Pre-arrest bail, confirmation of
Accused was not named in the F.I.R. lodged by the father of deceased--Even injured prosecution witness in his statement under S.161, Cr.P.C. had not mentioned the name of accused
Subsequent involvement of accused by the witnesses, whose presence was not reflected in the F.I.R. was open to inquiry
Ad interim pre-arrest bail granted to accused earlier was confirmed, in circumstances. Mirza Abdullah Baig for the State. Farman Ali, S.-I. Police Station Gulshan-i-Ravi, Lahore with record.
Judgment & Decree
M. A. SHAHID SIDDIQUI, J.--Muhammad Amin, petitioner has applied for bail before arrest in case F.I.R. No.5 of 2006 dated 9-1-2006 registered at Police Station Gulshan-i-Ravi, Lahore under sections 302/324/148/149, P.P.C.
2. According to the F.I.R. Abdul Kareem Butt, complainant accompanied by his sons Irshad Butt, Aqeel Shahzad Butt and their friend Khurram Qazi were proceeding towards the house of Abid Butt on 8-1-2006 at 9-35 p.m. when all of a sudden Luqman armed with 9MM rifle, Rizwan, Zubair, Umar and an unknown person armed with .30 bore pistol emerged near the house of Haji Sunaira. Luqman accused allegedly shouted and opened fire with his 9 MM rifle hitting Irshad Butt on his chest. The remaining accused also opened fire hitting on the chest, both flanks and thigh of Irshad Butt, Khurram Qazi also sustained injuries on his legs and thighs. Irshad Butt was being removed to Mayo Hospital when he died on the way.
3. After hearing the learned counsel for the parties and going through the record it has been found that the petitioner was not nominated in the F.I.R. lodged by father of the deceased. Even Khurram Qazi the injured P.W. in his statement under section 161, Cr.P.C. had not mentioned the name of the petitioner. The subsequent involvement of the petitioner by the witnesses whose presence is not reflected in the F.I.R. is open to inquiry. I, therefore, accept this petition and confirm the ad interim pre-arrest bail granted earlier to the petitioner. H.B.T./M-3/L????????????????????????????????????????????????????????????????????????????????????? Bail confirmed.