1999 PLP 1259 (MLD)
NADEEM BURNEY — Applicant Versus THE STATE — Respondent
| Citation | 1999 PLP 1259 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | NADEEM BURNEY — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 1259 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1259 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1259 (MLD) (NADEEM BURNEY — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), S.302/324/336/435/440/ 427/ 147/ 148/ 149
No particular role had been assigned to accused in the occurrence
Allegations of general types had been made in the F.I.R.
No identification parade was held in the case
Prosecution did not oppose the grant of bail to accused
Judgment & Decree
S.497
Penal Code (XLV of 1860), S.302/324/336/435/440/ 427/ 147/ 148/ 149
No particular role had been assigned to accused in the occurrence
Allegations of general types had been made in the F.I.R.
No identification parade was held in the case
Prosecution did not oppose the grant of bail to accused
Bail was allowed to accused in circumstances. S. Mehmood Alam Rizvi for Applicant. Habib Ahmed, A.A.-G. for the State. The applicant is facing trial under sections 147, 148, 302, 324, - 336, 435, 440 and 427 read with section 149, P.P.C. under F.I.R. No.685 of 1995 of Police Station Liaquatabad, Karachi-Central. According to the F.I.R., Nadeem Ahmed, S.H.O. Liaquatabad Police Station on 10-12-1995, on spy information that accused persons namely) (1) Kashif (2) Rashid Ahmed Nomain alias Kalo (3) Rizwan alias Kalia (4) Nadeetr Burney with their 10 to 12 companions with latest weapons are gathered at Arshi Chowk, Sindhi Hotel, Liaquatabad, and that they have also snatched vehicles, alongwith police officials in A.P.C. reached at Arshi Chowk at about 8.30 p.m. The terrorists started indiscriminate firing with intention to kill the police party. The police party also made encounter in self-defence, due to their firing P.C. Ghulam Hussain sustained injury while 3/4 terrorists were also became injured but their companions took them in the narrow streets of Sikandarabad, Liaquatabad. Due to firing of the terrorists one Noor Ahmed son of Noor Muhammad aged 50 years also became injured who later on succumbed to his injuries in hospital. Muhammad Yaqoob son of Muhammad Umer aged 40 years also died. The terrorists also damaged and set ablaze one Suzuki Hi-Roof. The terrorists, while escaping left behind the snatched cars and motorcycles which were secured by the police. The learned counsel argued that no particular role had been assigned to the applicant and that there were general types of allegations. Further that no identification parade was held. The learned A.-A.G., in view of the circumstances of the case, did not oppose the grant of bail to the applicant. Considering the circumstances of the case, I allow this application and grant bail to the applicant on his furnishing one surety in the sum of Rs.100,000 (Rupees one lac) and P.R. bond in the like amount to the satisfaction of the trial Court. N.H.Q./N-45/S Bail granted.