2005 PLP 3225 (YLR)
GHULAM QADIR — Applicant Versus THE STATE — Respondent
| Citation | 2005 PLP 3225 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Moosa K. Leghari, J |
| Parties | GHULAM QADIR — 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 3225 (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 3225 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Moosa K. Leghari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 3225 (YLR) (GHULAM QADIR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 28th July, 2005.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.400
Accused had been roped in by police in the case on allegation that he belonged to a gang of dacoits as three chits allegedly written by notorious dacoit to various persons were found in his possession
Present case was absolutely of no evidence
Guilt of accused could only be brought home, if alleged chits were proved to have been written by notorious dacoit, named in F.I.R. and were handed over to accused for distribution/service
Was beyond reach of police to produce such dacoit in evidence to prove his handwriting and. signatures
Due to inaptness, ignorance and incompetence on the part of Court which passed the impugned order, such aspect of case went out of its mind, which Court ought to have attended to
Accused was granted bail, in circumstances. Salahuddin Panhwar for Applicant. Rasheed A. Qureshi, Asstt. A.-G. for the State.
Judgment & Decree
MUHAMMAD MOOSA K. LEGHARI, J.
The applicant has been roped by the police in a case Crime No.20 of 2005, Police Station Shahdadpur registered under section 400, P.P.C., A alleging that he belonged to the gang of dacoit, as three chits allegedly written by the notorious dacoit to various persons were found in his possession. Learned A.A.-G. though feeling himself uncomfortable, supported the order passed by learned Incharge Additional Sessions Judge, Shahdadpur, whereby he rejected the bail of the applicant on the ground that since he was found in possession of chits and was also involved in a case of similar nature registered in the year 2002. Learned counsel for the applicant has stated at the bar that the accused/applicant stood acquitted in the said case. Bare perusal of the F.I.R. would tentatively reveal that this is a absurd case of absolutely no evidence. The guilt of the applicant can only be brought home, inter alia, if the chits are proved to have been written by the notorious dacoit, named in the F. I. R. and were handed over by him to the applicant for distribution/service. It is not understandable as to how the prosecution can prove the above facts. Whether the said dacoit has been cited as P.W. or whether his attendance could be secured by the police or trial Court for recording such evidence positively. Such task appears to be beyond the reach of the police either to produce such dacoit in evidence to prove his handwriting and the signatures. Unfortunately due to ineptness, ignorance and incompetence on the part of Additional Sessions Judge who passed the impugned order, such aspect of the case went out of his mind, which he ought to have attended to, as a Senior Judicial Officer. Under these circumstances, the applicant is granted bail in the sum of Rs.50,000 (fifty thousand) and P.R. bond in the like amount, to the satisfaction of trial Court. Before parting with this order, it must be observed that such cases nowa days are being frequently registered by the police and the lower judiciary appears to have become only a silent spectator. This is sorry state of affairs. The Judge concerned failed to discuss the citations referred before him, which is again an undesirable act on his part. In the circumstances, the Judge needs strong note of caution to be careful, which should be conveyed to him under intimation to this Court. H.B.T./G-64/K Bail granted.