2008 PLP 1179 (YLR)
SHAMSULLAH alias HAWALDAR — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 1179 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ali Sain Dino Metlo, J |
| Parties | SHAMSULLAH alias HAWALDAR — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1179 (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 2008 PLP 1179 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ali Sain Dino Metlo, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1179 (YLR) (SHAMSULLAH alias HAWALDAR — 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), S.302/34
Name of accused neither appeared in the F.I.R. nor in the statement of the eye-witnesses and the eye-witnesses declined to identify accused
Reasonable grounds, in circumstances, were not available to believe that accused was guilty of the offence
Matter required further inquiry as contemplated by subsection (2) of S. 497, Cr. P. C. --Accused was on bail, in circumstances. Muhammad Nawaz for Applicant. Haji Abdul Majeed, State Counsel along with S-I.P. Akhar Hameed.
Judgment & Decree
Heard learned counsel for the applicant and the learned State counsel. The latter does not oppose bail as the investigating agency has failed to collect any evidence against the applicant. According to the prosecution, on 17-10-2006. at 2315 hours, four persons, armed with pistols, tried to snatch mobile phone from deceased Mishal Khan in the street in front of his house situated in Majeed Colony, Sector-II, Landhi, Karachi, and on his resistance they killed him by making fire on his right chest. The matter was reported to police by his son Jehangir, who was informed on telephone about the incident. In his complaint he alleged that four unknown persons, due to some unknown enmity, had killed his father by making fires upon him. The F. I. R. was registered on 18-10-2006 at 0145 hours, at Police Station, Quaidabad. On the same day three persons, namely, Muhammad Nafees, Raza Muhammad and Kamran stated before police that they had seen four persons, not previously known to them, running away from the place of incident immediately after the incident. The applicant was arrested on 20-10-2006 and a pistol was allegedly recovered from his possession. The Investigating Officer tried to get the applicant identified but the eye-witnesses declined to identify him and declined to appear before the Magistrate. In such circumstances, when the name of the applicant does not appear in the F.I.R. as well as in the statement of the eye-witnesses, and. the eye-witnesses declined to identify him, it cannot be said that there are reasonable grounds to believe the applicant guilty of the offence. The matter required only further inquiry as contemplated by subsection (2) of section 497 of the Code of Criminal Procedure, 1898, and the applicant is entitled to bait. He is, therefore, directed to be released on bail on giving one surety in the sum of Rs.2,00,000 and personal bond in the, like amount to the trial Court. H.B.T./S-3/K Bail granted.