PCRLJ 2006

2006 P Cr (PLP)

MUHAMMAD QASIM — Applicant Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
2005-March-28
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2006 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties MUHAMMAD QASIM — Applicant Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2006 P Cr (PLP)?

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 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2006 P Cr (PLP) (MUHAMMAD QASIM — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Headnotes / Summary

S. 497

Penal Code (XLV of 1860). S.302

Bail. refusal of

Besides accused, three co-accused were also nominated in the case, but all said co-accused were let off by the police, although allegation of causing fatal fire-arm injury was attributed to one of said co-accused

Sufficient circumstances existed to assume that investigation was conducted in a perverse and partial manner

Bail application was rejected and the Trial Court was directed to summon persons who had been nominated in F.I.R., but were let off by the police and to proceed with the case in accordance with law.

Judgment & Decree

MUHAMMAD MOOSA K. LEGHARI, J.

The applicant is involved in F.I.R. No.2 of 2004, registered on the complaint of Jaro at Police Station K.T. Jatoi, District Dadu on the accusation of causing murder of Ali Nawaz. It is contended that besides the present applicant co-accused Shoukat, Barkat and Roshan Ali were nominated in the F.I.R. but all the other three accused persons were let off by the police. The allegation of causing fatal fire-arm injury was attributed to Shoukat Ali. Learned State Counsel has conceded that the case has been badly handled by the Investigating Officer and it seems that he has conducted the investigation in a partial manner. The contentions raised have been considered and material placed on record has been perused. Indeed there are sufficient circumstances to assume that the case was mishandled, and the investigation was conducted in a perverse and capricious manner. I, therefore, agree with the view expressed by learned State Counsel. While rejecting the bail application of the present applicant I would direct the trial Court to summon the persons who had been nominated in the F.I.R. but were let off by the police, and proceed with the case in accordance with the law. H.B.T./M-53/K??????????????????????????????????????????????????????????????????????? Bail application rejected.