2004 PLP 1132 (YLR)
DIL MURAD and another — Applicants Versus THE STATE — Respondent
| Citation | 2004 PLP 1132 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Faiz Muhammad Qureshi, J |
| Parties | DIL MURAD and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 1132 (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 2004 PLP 1132 (YLR)?
The case was heard and decided by the Karachi bench comprising: Faiz Muhammad Qureshi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1132 (YLR) (DIL MURAD and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mr. Jai Jai Veshno, learned Advocate for the applicants has argued that the present applicants were duly armed with Lathi and hatchets and they have not used it the commission of offence and the fatal injures are attributed to co-accused Wali Muhammad who has used gun and fired from gun on deceased Bilawal and it is borne out from the post-mortem report and has contended that the intention of killing on the part of the applicants is the question which can be thrashed out at the time of trial and they are entitled to the concession of bail.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302/34
Accused were allegedly found at the spot with Lathi and hatchet and no overt act was attributed to them
Fatal injuries were attributed to co-accused who fired from his gun on the deceased and some injuries were borne out from the post mortem report which had also been examined by the Court
Matter of accused required further inquiry and their vicarious liability was to be seen by the Trial Court and their case fell within purview of S. 497(2), Cr. P. C.
Accused were granted bail,, in circumstances. Jai Jai Veshno Mange Ram for Applicants. Muhammad Ismail Bhutto for the State.
Judgment & Decree
Jai Jai Veshno Mange Ram for Applicants. Muhammad Ismail Bhutto for the State. Present applicants are seeking bail in crime No.2 of 2001 registered with Police Station, Gaheja under section 302, QDO read with section 34, P.P.C. The applicants moved bail application before the trial Court, but Without success, hence this bail application. According to the prosecution story, the present applicants namely and respectively Dil Murad and Rustam alias Bajhi were carrying Lathi and hatchets and co-accused Wali Muhammad who is not before this Court has fired from his gun on deceased Bilawal who thereafter died on receiving fire-arm injuries at the hands of co-accused Wali Muhammad. Mr. Jai Jai Veshno, learned Advocate for the applicants has argued that the present applicants were duly armed with Lathi and hatchets and they have not used it the commission of offence and the fatal injures are attributed to co-accused Wali Muhammad who has used gun and fired from gun on deceased Bilawal and it is borne out from the post-mortem report and has contended that the intention of killing on the part of the applicants is the question which can be thrashed out at the time of trial and they are entitled to the concession of bail. On the other hand Mr. Muhammad Ismail Bhutto, Additional A.-G. for the State after looking into particularly 'post mortem report has contended that the deceased. has succumbed to injuries after sustaining firearm injuries which are attributed to co-accused Wali Muhammad and present applicants were found at the spot with Lathi and hatchets and the same have been recovered from their possession and has given no objection on the point that their vicarious liability is to be thrashed out by the trial Court. I have considered the arguments advanced by the learned counsel for the parties at the bar and have examined the other material available on the record. Admittedly, the present applicants are alleged to have found at the spot with Lathi and hatchet and no over act is attributed to Admittedly the fatal injuries are attributed to co-accused Wali Muhammad who fired from his gun on deceased Bilawal and the same injuries are borne out from post-mortem report which has been also examined by me and the matter of !fore named applicants requires further inquiry and their vicarious liability is to be seen by the trial Court and their case is falling; within the purview of section 497 (2), Cr. P. C. Accordingly, they are granted bail in the sum of Rs. two lacs each with P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./D-2/K Bail granted.