2006 PLP 723 (YLR)
Mian MUHAMMAD LATIF — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 723 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | Mian MUHAMMAD LATIF — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 723 (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 2006 PLP 723 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 723 (YLR) (Mian MUHAMMAD LATIF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tahir Naeem and Mian Baleegh-uz-Zaman for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.337-H(2), 452, 506, 148 & 149
Pre arrest bail, grant of-Inordinate delay of nineteen days was taken in lodging F.I.R.
Longstanding animosity existed between parties and as many as two dozens of criminal cases had been registered between them in the past
Allegation against accused and his co-accused was that they made indiscriminate firing, but no damage had been caused to anybody
Even no empty could be recovered by Police from the spot
In view of background of animosity, possibility of false involvement of accused, could not straightaway be ruled out
Inertia anticipatory bail granted to accused, was confirmed, in circumstances. Sh. Umar Draz for the Complainant. Sarfraz Hussain with Abdul Razzaq, S.-I. for the State.
Judgment & Decree
M. BILAL KHAN, J.
Mian Muhammad Latif son of Baha Ali, the petitioner, by filing the instant petition seeks his pre-arrest bail in case F.I.R. No.188, dated 9-4-2005, registered at Police Station, Liaqatabad, District Lahore for offences under sections 337-H(2), 452, 506, 148 and 149, P.P.C. at the instance of Muhammad Younas Anjum.
2. Succinctly, the allegation against the petitioner and his co-accused, namely, Abbas, Suleman, Mst. Razia Bibi and an unknown, according to the F.I.R., was that they while carrying different fire-arms trespassed into house of Mst. Akbari Begum, sister of the complainant, raised Lalkaras issuing threats of life and made aerial firing.
3. The petitioner's plea for pre-arrest bail did not find favour with the learned Additional Sessions Judge, Lahore, who turned down his application vide order dated 12-5-2005. Hence, the instant petition.
4. I have heard the learned counsel for the parties at considerable length and have also gone through the record brought by Abdul Razzaq, S.-I./Investigating Officer.
5. It has been observed that there is inordinate delay of nineteen days in lodging the F.I.R. There is longstanding animosity between the parties and as many as two dozens of criminal cases had been registered in the past. The allegation against the petitioner and his co-accused was that they made indiscriminate firing, but no damage has been caused to anybody. Even no empty could be recovered by the police from the spot. Keeping in view the background of animosity, the possibility of false involvement of the petitioner cannot straightaway be ruled out.
6. Resultantly, this petition is allowed and the interim anticipatory bail granted to the petitioner by this Court vide order dated 17-6-2005 is hereby confirmed. H.B.T./M-1337/L Bail confirmed.