2005 PLP 1769(1) (YLR)
MUHAMMAD SAFFAR and 3 others — Applicants Versus THE STATE — Respondent
| Citation | 2005 PLP 1769(1) (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Mujeebullah Siddiqui, J |
| Parties | MUHAMMAD SAFFAR and 3 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1769(1) (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 1769(1) (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Mujeebullah Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1769(1) (YLR) (MUHAMMAD SAFFAR and 3 others — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- The applicants were challaned to face trial along with co-accused Qadir Bux for the offences punishable under sections 302, 324, 147, 148, 149, P.P.C. According to prosecution case, the fatal shot causing death of Jan Muhammad was fired by co-accused Qadir Bux. During the pendency of the case, the complainant party and the legal heirs of deceased Jan Muhammad have entered into a compromise, who according to complainant has paid Diyat amount. The learned Advocates for the applicant have submitted that there is allegation of ineffective firing on the part of the applicants.
- Since the main accused Qadir Bux already stands acquitted, as a result of compromise between the legal heirs of deceased and accused Qadir Bux, therefore, I am persuaded to agree with the contention of learned Advocates for the applicants that they are entitled to be released on bail.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302, 324, 147, 148 & 149
Bail, grant of --During pendency of case, complainant party and legal heirs of deceased had entered into a compromise and Diyat amount had been paid
Accused had submitted that allegation of ineffective firing was against him
Main accused stood acquitted as a result of compromise between the legal heirs of deceased and the main accused
Accused were also entitled to be released on bail, in circumstances. Syed Madad Ali Shah and Noor Nabi G. Memon for Applicants. Mumtaz Ali Leghari State Counsel. Complainant is present in person.
Judgment & Decree
S. 497
Penal Code (XLV of 1860), Ss.302, 324, 147, 148 & 149
Bail, grant of --During pendency of case, complainant party and legal heirs of deceased had entered into a compromise and Diyat amount had been paid
Accused had submitted that allegation of ineffective firing was against him
Main accused stood acquitted as a result of compromise between the legal heirs of deceased and the main accused
Accused were also entitled to be released on bail, in circumstances. Syed Madad Ali Shah and Noor Nabi G. Memon for Applicants. Mumtaz Ali Leghari State Counsel. Complainant is present in person. The applicants were challaned to face trial along with co-accused Qadir Bux for the offences punishable under sections 302, 324, 147, 148, 149, P.P.C. According to prosecution case, the fatal shot causing death of Jan Muhammad was fired by co-accused Qadir Bux. During the pendency of the case, the complainant party and the legal heirs of deceased Jan Muhammad have entered into a compromise, who according to complainant has paid Diyat amount. The learned Advocates for the applicant have submitted that there is allegation of ineffective firing on the part of the applicants. Since the main accused Qadir Bux already stands acquitted, as a result of compromise between the legal heirs of deceased and accused Qadir Bux, therefore, I am persuaded to agree with the contention of learned Advocates for the applicants that they are entitled to be released on bail. All the four applicants are consequently granted bail in the sum of Rs.2,00,000 (Rupees Two Lac) each and PR Bond in the like amount to the satisfaction of the trial Court. H.B.T./M-218/K Bail granted.