2004 PLP 1942 (MLD)
SHAH NAWAZ and 2 others — Applicants Versus THE STATE-Respondent
| Citation | 2004 PLP 1942 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Wahid Bux Brohi, J |
| Parties | SHAH NAWAZ and 2 others — Applicants Versus THE STATE-Respondent |
| Primary Law | (b) Criminal Procedure. Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 1942 (MLD)?
This judgment primarily cites: (b) Criminal Procedure. Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1942 (MLD)?
The case was heard and decided by the Karachi bench comprising: Wahid Bux Brohi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1942 (MLD) (SHAH NAWAZ and 2 others — Applicants Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)
Penal Code (XLV of 1860), Ss.324/337-H(ii)/353
Both counsel for accused and State counsel did no press bail plea on behalf of one of co accused
Application of said co-accused for grant of bail was dismissed.
S. 497(2)
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)
Penal Code (XLV of 1860), Ss. 324/337-H(ii)/353
State counsel had no objection to grant of bail to accused persons in view of un explained delay in holding identification test
Accused persons were kept in police station concerned for 8 days and identification test was held thereafter
Case against accused requiring further inquiry, they were admitted to bail. Jai Jai Veshno for Applicants. Mushtaque Ahmed Kourejo for the State.
Judgment & Decree
Bail is sought in a case registered at Police Station Chak for an offence punishable under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance 1979 and sections 324, 337-H(ii) & 353, P.P.C. It is alleged that on 22-6-2003, a police party of Police Station Chak who were leading convey of Wagon and Coaster noticed seven unidentified persons on the side of road armed with fire-arms. The police party took position and an encounter ensured but the culprits armed with Klashnikov turned around and controlled the complainant PC Bakhsh Ali and snatched the official Rifle, Belt, etc. From him. Other police men issued a challenge on which the culprits ran away. The present applicants were arrested on 5-8-2003 by Chak Police allegedly during another encounter wherein as per F.I.R. No.57 of 2003, the snatched official Rifle was secured from one of them namely Ghulam Ali. The identification test was held on 13-8-2003 through complainant and A.S.-I. Faraz while second identification test was held on 16-6-2003. I have heard Mr. Jai Jai Veshno learned counsel for the applicant and Mr. Mushtaq Ahmed K ourejo learned State counsel. Mr. Jai Jai Veshno does not press the State bail plea on behalf of applicant Ghulan't Ali, while Mr. Kourejo has no objection to grant of bail to the rest in view of unexplained delay in holding the identification test. Mr. Jai Jai Veshno contended that arrest was made by the police belonging to Police Station Chak and after eight days the identification test was held through the complainant party who also belongs to the same Police Station where the accused were kept for 8 days. This is the only piece of evidence against accused Shahnawaz and Muhammad Nawaz and I agree with Mr. Jai Jai Veshno and Mr. Kourejo that in such circumstances the case would require further enquiry. However, the bail plea of Ghulam Ali is not pressed therefore, without touching the merits of the allegations against the said applicant, his application is dismissed while other two namely Shahnawaz and Muhammad Nawaz are granted bail in the sum of Rs.50,000 each with one surety each and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./S-46/K Order accordingly.