2005 PLP 855 (YLR)
DEEDAR ALI‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 855 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Rahmat Hussain Jafferi, J |
| Parties | DEEDAR ALI‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 855 (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 2005 PLP 855 (YLR)?
The case was heard and decided by the Karachi bench comprising: Rahmat Hussain Jafferi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 855 (YLR) (DEEDAR ALI‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- The learned Advocate for the applicant has stated that the name of the applicant has not been mentioned in the F.I.R.; that no weapon has been secured from his possession and that the presence of second person at the place of incident was not shown by the police in F.I.R. as such the applicant has been falsely involved in the case.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.324/353‑‑‑West Pakistan Arms Ordinance (XX of 1965), S.13(d)‑‑‑Bail, grant of‑‑‑Police had alleged that encounter took place between police and one dacoit, but Mashirnama of Wardat did not show empties of weapon lying on the spot or secured from place of Wardat by police‑‑ Accused was not arrested from the place of Wardat and no weapon had been secured from his possession and nobody had received any injury from either side‑‑‑As to from where police had brought the second person and challaned him in the case as allegedly the encounter had taken place between police and only one alleged dacoit‑‑‑Accused, in circumstances was entitled to concession of bail. Nisar Ahmed Abro for Applicant. Abdul Hakeem Brohi for the State.
Judgment & Decree
Abdul Hakeem Brohi for the State.
1. Granted.
2. Granted but subject to all just exceptions.
3. This is a case of police encounter which took place on 25‑7‑2001 in between 5 and 5‑20 p.m. at protection bund near village Gul Khoso. It is alleged in the F.I.R. that on receipt of spy information police party reached the pointed place where they saw one person armed with rifle, who seeing the police party tried to run towards the jungle, therefore, encounter took place and thereafter the said person was arrested who disclosed his name as Manzoor and rifle was secured from his possession. The accused and the property were brought to the police station where the F.I.R. was lodged. The present applicant was arrested on 29‑7‑2002. A bail application was moved before the trial Court, but the same was dismissed, hence the present application. The learned Advocate for the applicant has stated that the name of the applicant has not been mentioned in the F.I.R.; that no weapon has been secured from his possession and that the presence of second person at the place of incident was not shown by the police in F.I.R. as such the applicant has been falsely involved in the case. The learned State counsel hasp stated that the police have alleged that the encounter took place between the polices and one dacoit and that the applicant was not arrested from the Wardat and no weapon has been secured from his possession. He has further stated that the Mashirnama of Wardat does not show empties of weapon lying or secured from the Wardat by the police, therefore, he has no objection to the grant of bail. The record supports the above contentions. It is not known from where the police had brought the second person and challaned him in the case as the encounter took place between police and only one alleged dacoit. Further more no empties of weapons were secured from the place of Wardat to substantiate the allegation of encounter nor anybody had received any injury from either side. Under these circumstances, the applicant is entitled for the concession of bail, therefore, bail is granted to the applicant in the sum of Rs.50,000 on furnishing solvent surety with PR bond in the like amount, to the satisfaction of trial Court. The application is allowed. H.B.T./D‑17/K Bail granted.