2009 PLP 184 (YLR)
SHAUKAT ALI alias LALOO — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 184 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Ashraf Leghari, J |
| Parties | SHAUKAT ALI alias LALOO — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 184 (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 2009 PLP 184 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Ashraf Leghari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 184 (YLR) (SHAUKAT ALI alias LALOO — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rasheed Ahmed Qureshi, Asstt. A.-G. for Respondent.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.337-A(i) (iii) & 337-F(ii), (v)
Pre- arrest bail, confirmation of
Allegations against two accused persons were the same
Co-accused was granted bail--Injuries caused on the person were punishable upto five years only
Case of accused was not covered by prohibitory clause of S.497(1), Cr.P.C.
Co-accused having already been released on bail, accused was also entitled for bail on the ground of consistency
Interim pre-arrest bail granted to accused was confirmed on same terms and conditions. Aijaz Shaikh along with Applicant.
Judgment & Decree
MUHAMMAD ASHRAF LEGHARI, J.
The allegations against applicant Shaukat Ali alias Laloo and accused Sabir are identical. It is stated in the F.I.R. that accused Sabir and Shoukat were armed with hatchet and they caused injuries to complainant as well as his father. Accused Sabir has been granted bail by the trial Court on 15-8-2003. Bail of present applicant is sought on the principle of consistency. The bail order dated 12-11-2003 indicates that present applicant Shaukat caused sharp sided hatchet blows to injured Muharram on his head. In fact the observation stated in the bail order is contrary to the facts mentioned in the F.I.R. The allegations against two accused are same. The injuries caused on the person of injured Muharram and Noor Muhammad are falling under sections 337-A(i), 337-A(iii), 337-F(ii),337-(v), which are punishable upto five years only. The case of applicant is not covered by the prohibi tory clause contained in section 497(i), Cr.P.C. Since accused Sabir is already released on bail, therefore the present applicant is also entitled for bail on the ground of consistency. He was granted interim pre-arrest bail on 25-11-2003 which is confirmed on same terms and conditions. H.B.T./S-92/K Bail granted.