| Citation(s) |
|---|
| 2007 SLG 1760 2007 SLD 1760 2007 PLJ 295 |
Lahore High Court
Crl. Misc. 8830-B of 2006, decision dated: 24.11.2006, hearing DATE : 24.11.2006.
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.
Ch. Abdul Ghaffar, Advocate. Mr. Rafiq Javaid Butt, Advocate for Complainant. Mr. Talha Rasheed, Advocate for State.
Crl. Misc. 8830-B of 2006, decision dated: 24.11.2006, hearing DATE : 24.11.2006.
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.
Ch. Abdul Ghaffar, Advocate. Mr. Rafiq Javaid Butt, Advocate for Complainant. Mr. Talha Rasheed, Advocate for State.
HUMA AMJAD
VS
STATE HUMA AMJAD vs STATE Mr. Talha Rasheed, Advocate for State.
Law: Pakistan Penal Code, 1860
Section: 34,302
Law: Criminal Procedure Code (V of 1898)
Section: 498
Criminal procedure Code, 1898 (V of 1898)- ----S. 498--Pakistan Penal Code (XLV of 1860), Ss. 302 & 34--Bail before arrest admitted--Prayer for--Prima facie--Murder of accused's husband--Extra-judicial confession--Accused was nominated through supplementary statement--In connivance with co-accused planned for murder--Statements were recorded after five months of the occurrence--No direct evidence against accused to connect with commission of the offence and entire case of prosecution against accused is in form of circumstantial evidence i.e. extra-judicial confession of co-accused and evidence of conspiracy by accused--Complainant who was brother in law of accused had filed three civil suits, prior to the registration of the F.I.R.--Held: Relations of the parties were strained and involvement of the accused in criminal case after lapse of five months upon supplementary statement of the complainant was sufficient to show the mala fide of the complainant party--Prima facie the facts of the case were sufficient to open the doors of further inquiry qua involvement of accused entitling to concession of bail--Accused were female and their case was also covered 1st proviso to S. 497(1) Cr.P.C.--Bails confirmed. Order This order will dispose of Crl. Misc. No. 8830-B/2006 filed by Mst. Huma Amjad and Crl. Misc. No. 9053-B/2006 filed by Mst. Azra Bibi seeking pre-arrest bail and post arrest bail respectively in case FIR No. 132/2006 dated 2.3.2006 for the offence under Sections 302/34 PPC registered at Police Station Batala Colony, Faisalabad. 2. Azra Bibi petitioner was arrested in this case on 12.9.2006 and her bail application was dismissed by Addl. Sessions Judge, Faisalabad vide order dated 2.11.2006. 3. The said case was got registered by Syed Sajjad Haider son of Syed Anwar Hussain with regard to the murder of his brother Syed Amjad Ali Shah who was done to death on 2.3.2006 at about 7.45 p.m. by some unknown persons when the deceased was going towards Mosque to offer prayer. This occurrence took place within the area of Haseeb Shaheed Colony, near Mian Chowk situated about one and a half kilometer from Police Station Batala Colony, Faisalabad. During theβ¦
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