2007 PLP 1598 (YLR)
MUHAMMAD AZAD alias EJAZ — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 1598 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Azizullah M. Memon, J |
| Parties | MUHAMMAD AZAD alias EJAZ — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1598 (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 2007 PLP 1598 (YLR)?
The case was heard and decided by the Karachi bench comprising: Azizullah M. Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1598 (YLR) (MUHAMMAD AZAD alias EJAZ — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Heard Mr. Lal Chand Mamtani, Advocate for the applicant and Mr. Sabir Haider, Advocate for the State.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.302, 109 & 34
Counsel for the State had stated at bar that excepting statement of co-accused, thereby implicating accused, no evidence was available against accused to connect him with alleged incident
Statement of co-accused alone implicating accused in the case, would be of no consequence for the purpose of conviction of accused for the offence so alleged
Accused was admitted to bail, in circumstances. Lal Chand Mamtani for Applicant. Sabir Haider for the State.
Judgment & Decree
AZIZULLAH M. MEMON, J.
Accused applicant Muhammad Azad alias Ejaz is facing trial before the Court of learned 1st Additional Sessions Judge Karachi in Sessions Case No.106 of 2005 pertaining to F.I.R. No.03 of 2005 under sections 302/109/34, P.P.C. of Police Station Korangi Industrial Area, Karachi East. Heard Mr. Lal Chand Mamtani, Advocate for the applicant and Mr. Sabir Haider, Advocate for the State. It is alleged that deceased William Chouhan was on illicit terms with co-accused Mst. Salma since a period of four years who also offered to marry her; further that she felt sick of him after the said period, and asked her brother co-accused Saleem to do away with William Chauhan by paying amount of Rs.50,000 to him (co-accused) who initially administered the diazepam tablets to him and then took him to co-accused persons. Whereby he was done to death by slaughtering him from his neck. Learned counsel for the State has stated at the bar, after going through the police papers, the excepting statement of co-accused Muhammad Saleem, thereby implicating the present applicant Muhammad Azad alias Ejaz, there is no evidence against the applicant to connect him with the alleged incident of this case, it is a settled principle of law that a statement of co-accused alone thereby implicating the applicant accused in the case would be of no consequence for the purpose of conviction of the applicant accused for the offence so alleged. Accordingly, the applicant is admitted to bail provided that he shall furnish two sureties in the sum of Rs.2,00,000 (Rupees two lacs) with P.R. bond in the like amount to the satisfaction of the trial Court and further provided that in case the sufficient evidence is recorded by the trial Court so that he may get implicated for the offence as alleged against him then the prosecution shall be at liberty to move the trial Court for cancellation of the bail. H.B.T./M-41/K??????????????????????????????????????????????????????????????????????????????????? Bail granted.