2009 P Cr (PLP)
MUHAMMAAD HASHIM SEHTO — Applicant Versus THE STATE — Respondent
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAAD HASHIM SEHTO — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 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 2009 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: 2009 P Cr (PLP) (MUHAMMAAD HASHIM SEHTO — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.221
West Pakistan Arms Ordinance (XX of 1965), S.13(d)
Accused who was ASI in Police Department had allegedly facilitated the escape of an accused who was a high profile prisoner in custody
Accused in the case was arrested and a K.K. was recovered from his possession and a case under S.13(d) of West Pakistan Arms Ordinance, 1965 was registered against him
Bail had been allowed by the High Court in the main case
Accused was also entitled to the same concession while offence against accused did not fall within prohibitory clause of S.497, Cr.P.C. as punishment provided under S.13(d) of the West Pakistan Arms Ordinance, 1965 was 7 years-co-Every likelihood was present that police might have foisted the case upon accused and same would require evidence to determine the veracity of the recovery
Till such time case of further inquiry had been made out
Keeping in view the nature of allegations of the recovery, bail application of accused was allowed.
Judgment & Decree
SALMAN ANSARI, J.
This bail application has been moved on behalf of applicant/accused Muhammad Hashim Sehto who has been arrested on 8-8-2008 for his involvement in Crime Case No.95 of 2008 registered at Police Station Tando Bago District Badin and the trial Court being 1st Additional Sessions Judge Badin rejected the bail application. That the applicant/accused Muhammad Hashim who is A.S.-I. in police department was posted at Tando Bago police station when he was involved in Crime No.70 of 2008 for facilitating the escape of accused Kamran Khan Tasori who being a high profile prisoner/custody was allegedly led to escape by the applicant/accused, who on 8-8-2008 was arrested and a K.K. was recovered from his possession hence a case under section 13-D Arms Ordinance was registered against the accused. Learned counsel for the applicant/accused has argued that the offence does not fall within prohibitory clause of section 497, Cr.P.C. no private Mashir has been associated with the recovery and placing reliance upon the case of Darya Khan v. State 2004 YLR 2001 (Karachi) learned counsel has argued for bail. Learned State counsel has not opposed the bail application. Considering that bail has been allowed by this Court the main case being Crime No.70 of 2008 registered at Police Station Tando Bago in my opinion the applicant/accused is entitled to the same concession in the present case where the offence does not fall within prohibitory clause of section 497, Cr.P.C. as the punishment provided under section 13-D of the Arms Ordinance being 7 years further recovery under the circumstances as shown by the police there is every likelihood that the police may have foisted the case upon the applicant/accused and the same would require evidence to determine the veracity of the recovery till such time in my opinion a case of further inquiry has been made out keeping in view the nature of allegations of the recovery, consequently I allow this bail application and the applicant/accused be released on bail upon his furnishing surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./M-228/K Bail granted.