2005 PLP 276 (YLR)
SIKANDER ALI and another — Applicants Versus THE STATE — Respondent
| Citation | 2005 PLP 276 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam, J |
| Parties | SIKANDER ALI and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 276 (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 276 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 276 (YLR) (SIKANDER ALI and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.498
Penal Code (XLV of 1860), Ss.302/337-A(i), (iii)/F-(i)(ii)(iii)/337-H-2/504/147/148/149
Interim bail, grant of-- Names of accused though appeared in F. I. R., but no overt act had been attributed to them
Allegation of causing injury was against other co-accused and names of accused were placed in Column No.2
No incriminating evidence being available against accused persons, issuance of non -bailable warrants against them was not justified
Interim bail granted to accused was confirmed on the same terms and conditions. Azizullah M. Buriro for Applicants. Naimtullah Bhurgari for the State.
Judgment & Decree
S.498
Penal Code (XLV of 1860), Ss.302/337-A(i), (iii)/F-(i)(ii)(iii)/337-H-2/504/147/148/149
Interim bail, grant of-- Names of accused though appeared in F. I. R., but no overt act had been attributed to them
Allegation of causing injury was against other co-accused and names of accused were placed in Column No.2
No incriminating evidence being available against accused persons, issuance of non -bailable warrants against them was not justified
Interim bail granted to accused was confirmed on the same terms and conditions. Azizullah M. Buriro for Applicants. Naimtullah Bhurgari for the State. Sikandar Ali and Ghulam Sarwar have approached this Court seeking bail in Crime No.137 of 2004 of Police Station, Mehar, District Dadu for an offence under sections 302, 337-A(i), (iii), F-(i), F-(ii), F-(iii), 337-H-2, 504, 147, 148, 149, P.P.C. It appears that their names appear in the F.I.R. yet no overt act has been attributed to them. The allegation of causing injury is against other co-accused, Latif, Babloo and one Mour followed by investigation. Names of present applicants were placed in Column No.2. However, learned Court below disregarding the police report and overlooking the, implication of the present applicants m crime joined them to face trial and N.B.Ws. appears to have been issued against them. It was contended by the learned counsel that since no overt act has been attributed merely presence is shown in the F.I.R. and further more there are no incriminating evidence against the present applicant, therefore, issuance of N.B.Ws. were not justified. Learned State counsel concedes that no overt act has been attributed to the present applicant. Under the circumstances and for the foregoing reasons, the interim bail granted on 20-9-2004 is confirmed on the same terms and conditions: H.B.T./S-65/K Interim bail confirmed.