2005 PLP 1863 (YLR)
ABDUL GHAFOOR and another — Petitioners Versus THE STATE — Respondent
| Citation | 2005 PLP 1863 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Nawaz Bhatti, J |
| Parties | ABDUL GHAFOOR and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1863 (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 2005 PLP 1863 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Nawaz Bhatti, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1863 (YLR) (ABDUL GHAFOOR and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Naeem Akbar for Petitioners.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), S.392
Bail, refusal of-- -Prosecution witnesses had identified the accused in identification parade
Accused according to police record were involved in a number of criminal cases of such-like nature which were pending against them
Real brother of accused was at large and had been declared a proclaimed offender
Serious allegations had been levelled against the accused
Trial of the accused had commenced- --Bail was declined to accused in circumstances. Farrukh Pervaiz Cheema for Complainant. Asif Iqbal for the State. Sarfraz Hussain, Inspector/S.H.O. with Record.
Judgment & Decree
Farrukh Pervaiz Cheema for Complainant. Asif Iqbal for the State. Sarfraz Hussain, Inspector/S.H.O. with Record. Petitioners Abdul Ghafoor and Zafar Iqbal alias Kali have sought their post-arrest bail in case F.I.R. No.69 of 2004 dated 17-3-2004 registered under section 392, P.P.C. on the complaint of Muhammad Ahmad at Police Station, Ghaziabad District, Sahiwal which was initially lodged against three unknown persons but consequently the petitioners along with Noora were implicated during supplementary statement of the complainant.
2. Briefly the prosecution story as narrated in the F. I. R. is that the complainant was going to Adda Sheikh Fazil on his motorcycle Yamaha 100 CC, when he crossed Maqbool. Filling Station and reached near Budh situated in the area of Chak No. 164/9-C, three unknown persons with guns and pistols stopped him and forcibly snatched his motorcycle on gun-point.
3. Learned counsel for the petitioners submits that petitioners are not nominated in the F.I.R., they have been implicated due to party faction on the basis of supplementary statement, they are behind the bars for more than two months, no recovery has been effected from the petitioners and the identification parade was not conducted in accordance with law, the petitioners are previously non-convict, case of the petitioners falls within the ambit of further enquiry.
4. On the other hand learned counsel appearing on behalf of the State assisted by learned counsel for the complainant vehemently opposed the bail on the basis that identification parade was held in accordance with the law, wherein Muhammad Ahmad complainant and P.Ws. rightly identified the accused persons. Further submits that challan has been submitted in the Court of competent jurisdiction and case has been fixed for evidence for 10-3-2005.
5. I have heard learned counsel for the parties and carefully perused the record. Petitioners have been identified by the P.Ws. during identification parade and according to the police record a number of criminal cases of such-like nature are pending against the petitioners and one Noora real brother of the petitioners, who is at large and has been declared proclaimed offender. Furthermore, trial has commenced and serious allegations have been levelled against the petitioners. In the circumstances petitioners do not deserve for the concession of bail. This bail petition is hereby dismissed. N.H.Q./A-432/L Bail refused.