2007 PLP 2235 (YLR)
ALI DINO alias KHAN SAHIB and another — Applicants Versus THE STATE — Respondent
| Citation | 2007 PLP 2235 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam, J |
| Parties | ALI DINO alias KHAN SAHIB 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 2007 PLP 2235 (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 2007 PLP 2235 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2235 (YLR) (ALI DINO alias KHAN SAHIB and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Allegation, against the applicants appears to be their presence at the concerned police station and talking to W.H.C. Saleem Raza and H.C. Dost Ali of Police Station Berani wherein Sher Khan was confined. The allegations are against Saleem Raza and Dost Ali of having caused death of Sher Khan by electric shock. Applicants are alleged to have instigated the commission of the crime. The F.I.R: was lodged on 14-8-2006. It appears that further implication was made by P.Ws. Manthar and Ghulam Muhammad, who were also confined in the same cell along with deceased Sher Khan. Their statements were recorded on 24-8-2006 showing the presence of present applicants speaking to the other co-accused police officials. It is stated by Syed Madad Ali Shah, Advocate that the allegation of conspiracy against the applicants needs to be examined through evidence. Reliance was placed on Syed Amanullah Shah v. State (PLD 1996 SC 241).
Headnotes / Summary
S. 497(2)--Penal Code (XLV of 1860), Ss.302, 120-B, 337-F(i) & 34
Allegations of causing death of person confined in cell by electric shock, were against two police officials
Allegations against accused persons were that they were present at Police Station concerned, and they talked to said two police officials
Accused were alleged to have instigated the commission of the crime
Question as to whether crime was instigated by accused or otherwise, under the given circumstances, called for further inquiry
Accused were admitted to bail, in circumstances. Syed Amanullah Shah v. State PLD 1996 SC 241 rel. Syed Madad Ali Shah for Applicants. Anwar H. Ansari for the State. Imam Bux Baloch for the Complainant.
Judgment & Decree
MUSHIR ALAM, J.
Granted 'subject to all just exceptions.
2. Applicants Ali Dino and Haji Misri both facing trial in Crime No.15 of 2006, Sessions Case No.146 of 2006, for offence under sections 302, 109, 120-B, 337-F(i) and 34, P.P.C. have applied for the bail. Allegation, against the applicants appears to be their presence at the concerned police station and talking to W.H.C. Saleem Raza and H.C. Dost Ali of Police Station Berani wherein Sher Khan was confined. The allegations are against Saleem Raza and Dost Ali of having caused death of Sher Khan by electric shock. Applicants are alleged to have instigated the commission of the crime. The F.I.R: was lodged on 14-8-2006. It appears that further implication was made by P.Ws. Manthar and Ghulam Muhammad, who were also confined in the same cell along with deceased Sher Khan. Their statements were recorded on 24-8-2006 showing the presence of present applicants speaking to the other co-accused police officials. It is stated by Syed Madad Ali Shah, Advocate that the allegation of conspiracy against the applicants needs to be examined through evidence. Reliance was placed on Syed Amanullah Shah v. State (PLD 1996 SC 241). Learned counsel -for the complainant states that admitted enmity is there between the complainant and the applicants and their presence in the. odd hours fortifies the allegations of their connivance and abetment. Mr. Anwar Ansari, learned State counsel contends that beside the statements of P.Ws. Ghulam Muhammad and Manthar, no other evidence is yet collected against the present applicants. There are specific allegations of causing electric shock against W.H.C. Saleem Raza and H.C. Dost Ali of Berani Police Station. Question as to whether the crime was instigated by the present applicants or otherwise, under the given circumstances, calls for further inquiry. Under the circumstances, the applicants are admitted to bail however, subject to furnishing solvent surety in the sum of Rs.100,000 (Rupees one hundred thousand) each and PR bond in the like amount, to the satisfaction of learned trial Court. H.B.T./A-62/K Bail granted.