2007 PLP 556 (YLR)
GHULAM ABBAS — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 556 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Faisal Arab, J |
| Parties | GHULAM ABBAS — 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 556 (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 556 (YLR)?
The case was heard and decided by the Karachi bench comprising: Faisal Arab, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 556 (YLR) (GHULAM ABBAS — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.205 & 416
Case of prosecution was that accused, a jailor, allowed the real accused to escape and instead put his brother in custody
Contention of accused was that he being Jailor of sub jail concerned was handed over the custody of person "A" who was shown to be person 'S'
Defence plea and allegation against accused required further inquiry
Offence of accused also did not come within the prohibition contained in S. 497, Cr. P. C.
Accused, was enlarged on bail, in circumstances. Muhammad Ayaz Soomro for Applicant. Muhammad Ismail Bhutto, State Counsel.
Judgment & Decree
FAISAL ARAB, J.
Applicant Ghulam Abbas Sodhra indicted as accused in Crime No.94 of 2005 of Police Station Mehar, for offence punishable under sections 419, 205 and 34, P.P.C., seeks bail. The case against the applicant is that he was jailor sub-jail Mehar and was handed over custody of two under-trial prisoners on 26-5-2005. The two accused persons, who were handed over, were said to be Deedar and Sudheer, both by caste Khoso. However, on 9-6-2005 upon inspection it was found that Sudheer Khoso was not in custody and in fact his brother Ali Mardan was in custody. The case of the prosecution is that the applicant allowed the real accused Sudheer to escaped in place of his brother Ali Mardan Khoso. It is contended on behalf of the applicant that he was Clerk of Mukhtiarkar and was made Jailor of the Sub-Jail, Mehar by the Mukhtairkar and on 26-5-2005 was handed over custody of Ali Mardan Khoso, who was shown to be Sudheer Khoso. It is next contended that it was no criminal offence committed by him but in fact the custody of a wrong person was handed over to him. The defence plea and the allegation require further inquiry. The offence also does not come within the prohibition contained in section 497, Cr.P.C. The applicant is, therefore, enlarged on bail on furnishing surety the sum Rs.300,000 and P.R. bond in the like amount to the satisfaction of the trail Court. H.B.T./G-2/K Bail granted.