2005 PLP 3294 (YLR)
ABDUL SATTAR and another — Applicants Versus THE STATE — Respondent
| Citation | 2005 PLP 3294 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Rahmat Hussain Jafferi, J |
| Parties | ABDUL SATTAR 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 2005 PLP 3294 (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 3294 (YLR)?
The case was heard and decided by the Karachi bench comprising: Rahmat Hussain Jafferi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 3294 (YLR) (ABDUL SATTAR and another — Applicants 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.324
Counter-cases between parties
Incident of both cases occurred in front of houses of complainant of each case as their houses were adjacent to each other
Allegation was that five persons had received injuries from the side of accused, whereas from the side of complainant four persons had received injuries
Allegation against accused persons was of causing Lathi injuries to the injured
Medical report showed that only one injury was found on person of the injured
In case of two counter-versions arising from sane incident, one given by complainant in F.I.R. and other given by opposite-party, question as to who was aggressor, was to be determined as a parry had a right of private defence
Bail, in circumstances could be granted on ground of further inquiry
Accused were admitted to bail, in circumstances. Shoaib Mehmood Butt v. Iftikhar ul Haq and others 1996 SCMR 1845 ref. Abdul Sattar Soomro for Applicants. Muhammad Mehmood Khan S. Yousfi A.A.-G for the State.
Judgment & Decree
RAHMAT HUSSAIN JAFFERI, J.
1. Granted.
2. Dismissed as it has become infructuous. 3 and
4. Granted subject to all just exceptions.
5. There are counter-cases between the parties. The incident of both cases occurred on 22-11-2004 at 9-00 a.m. in front of the houses of complainant of each case as their houses are adjacent to each other. It is alleged that 5 persons have received injuries from the side of applicants whereas from the side of complainant 4 persons have received injuries. The allegation against the present applicants is of causing lathi injuries to Ali Gohar. According to medical report there is only one injury on the person of Ali Gohar. The grant of bail under such circumstances was examined by the Hon'ble Supreme Court of Pakistan in a case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq and others (1996 SCMR 1845). The Hon'ble Supreme Court of Pakistan in the above referred authority been observed that in the case of two counter-version arising from the same incident, one given by complainant in F.I.R. and the other given by opposite-party the question as to who is aggressor is to be determined and any party may take the right of private defence therefore bail can be granted on the ground of further enquiry as contemplated under section 497(2), Cr.P.C. Following the rule of Hon'ble Supreme Court of Pakistan the applicants are admitted to bail in the sum of Rs.75,000 (Rupees seventy-five thousand) each on furnishing solvent surety and P.R. bond in the like amount to the satisfaction of trial Court. The application is allowed. H.B.T./A-241/K Bail granted.