2011 PLP 1735 (YLR)
AHMED ALI — Applicant Versus THE STATE — Respondent
| Citation | 2011 PLP 1735 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Syed Hassan Azhar Rizvi, J |
| Parties | AHMED ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 1735 (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 2011 PLP 1735 (YLR)?
The case was heard and decided by the Karachi bench comprising: Syed Hassan Azhar Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1735 (YLR) (AHMED ALI — Applicant 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.324/337-A(i)/337-F(i)/147/148/149/114/ 504
Attempt to commit qatl-e-amd, causing Shajjah-i-Khafifah, Damiyah and intentional insult
Interim pre-arrest bail, confirmation of
Injuries on the person of injured which had been assigned to accused, did not fall within the prohibitory clause of S.497, Cr.P.C. and were on non-vital part of his body
Interim pre-arrest bail, already granted to accused, was confirmed on the same terms and conditions. Ali Anwar Saahar for Applicant. Ali Raza Pathan, State Counsel.
Judgment & Decree
SYED HASSAN AZHAR RIZVI, J.
By order dated 16-1-2009, the applicant was admitted to interim pre arrest bail in Crime No. 295/2009 Police Station K.N. Shah, and today it is fixed for confirmation or otherwise. The allegation against present applicant is that on 9-7-2009, he along with co-accused Sikander Ali, Ismail duly armed with Pistols and Abdullah Mithal, Abdul Rehman, and Ali Gohar having "Dandas" arrived at the place of vardat. Accused Abdul Rehman abused complainant party and present applicant Ahmed Ali fired from his pistol at P.W. Khadim Hussain which hit him on his left leg at his thigh, while Abdul Rehman instigated rest of accused who lay down complainant party and caused them butt blows of pistol and "Danda". Learned counsel for the applicant contended that the F.I.R is delayed for three days and no plausible explanation for such delay has been furnished. The injury assigned to the present applicant is not on vital part of body of injured. The accused did not repeat fire upon complainant; therefore, application of section 324 P.P.C. would be determined at the time of trial. Learned counsel further contended that there are counter cases between the parties. Learned counsel lastly submitted that the applicant has joined the trial and no purpose would be served if he is refused bail and remanded to jail. Learned State counsel does not oppose confirmation of bail, while submitting that the injuries on the person of injured Khadim Hussain carry maximum punishment of about three years, therefore, does not come within ambit of prohibitory clause of section 497, Cr.P.C. Since the injuries on the person of injured Khadim Hussain, which have been assigned to the present applicant does not fall within the prohibitory clause of section 497, Cr.P.C. and are on non-vital part of his body; and that the applicant has joined the trial, therefore, interim pre arrest bail already granted to applicant vide order 16-1-2009, is hereby confirmed on same terms and conditions. H.B.T./A-52/K Bail confirmed.