2011 P Cr (PLP)
Dr. SOHRAB KHAN — Applicant Versus THE STATE — Respondent
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Dr. SOHRAB KHAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 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 2011 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: 2011 P Cr (PLP) (Dr. SOHRAB KHAN — 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.395, 324, 147, 148, 149, 337-A(i), 337-A(ii) & 337-F(v)
Dacoity, attempt to commit qatl-e -amd
Interim pre-arrest bail, confirmation of
Only role assigned to accused was that he was present at the site with co-accused who fired upon the complainant party
No active role had been assigned to accused and even for injuries that had been caused by other co-accused to complainant party, the maximum punishment for the same was five years
Question of vicarious liability was to be decided only when evidence was recorded
As no active role had been assigned to accused, he was entitled to concession of bail
Interim pre-arrest bail granted earlier to accused, was confirmed, in circumstances.
Judgment & Decree
FAISAL ARAB, J.
The applicant is booked in Crime No.8 of 2003, under sections 395, 324, 147, 148, 149, 337-A(i), 337-A(ii), 337-F(v), P.P.C., registered at Police Station Garhi Hassan, District Jacobabad. Applicant was candidate in election. The complainant alleged that he was supporting opposing party of the applicant. It is alleged that on the day of incident, the applicant along with co-accused persons came duly armed with deadly weapons and started firing upon the complainant party with deadly weapons. Only role that has been assigned to the present applicant is that he was present at the site with co-accused persons who fired upon the complainant party. Learned counsel for the applicant states that no active role has been assigned to the applicant and even for injuries that have been caused by other co-accused persons to complainant party, the maximum punishment is five years. Learned counsel for the State opposes grant of bail on the ground that though no active role has been assigned to the applicant but at his instance other co-accused persons fired upon the complainant party which resulted in injuries. Question of vicarious liability is to be decided only when evidence is recorded. As no active role has been assigned to the applicant, therefore he is entitled to concession of bail. Interim pre-arrest bail granted earlier to the applicant in the circumstances is hereby confirmed, on the same terms and surety. H.B.T./5-100/K Bail confirmed.