2018 PLP 263 (YLRN)
MUHAMMAD USMAN — Applicant Versus The STATE — Respondent
| Citation | 2018 PLP 263 (YLRN) |
| Forum / Court | Sindh (Larkana Bench) |
| Bench Members | Aftab Ahmed Gorar, J |
| Parties | MUHAMMAD USMAN — Applicant Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 PLP 263 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 263 (YLRN)?
The case was heard and decided by the Sindh (Larkana Bench) bench comprising: Aftab Ahmed Gorar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 263 (YLRN) (MUHAMMAD USMAN — Applicant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Sindh Arms Act (V of 2013), S. 23(1)(a)
Penal Code (XLV of 1860), Ss.324, 353, 148 & 149
Possessing unlicensed arms, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, common intention
Accused had been admitted to bail in main FIR lodged under Ss.324, 353, 148, 149, P.P.C. and the case under S.23(1)(a), Sindh Arms Act, 2013 was the off-shoot of said main case
All the witnesses were police officials and challan had been filed, therefore, there were no chances of tampering of evidence
No material had been placed on record that the accused was previously convicted in such like cases
Accused was admitted to bail, in circumstances. [Paras. 5 & 6 of the judgment] Abdul Rasheed Abro for Applicant.
Judgment & Decree
AFTAB AHMED GORAR, J.
Applicant Muhammad Usman seeks post arrest in Crime No.151/2015 under Section 23, (i)(a) of Sindh Arms Act, 2013 Police Station Kamber.
2. The allegation against the present applicant is that he is booked: in Crime No.150/2015 under Sections 324, 353, 148, 149, P.P.C. of P.S. Kamber. He was arrested in the said crime along with one SBBL gun recovered from his possession along with one empty cartridge in presence of official witnesses and such mashirnama was prepared.
3. Learned counsel for the applicant submits that accused has been granted bail in the main case on the ground of further enquiry and this case is off-shoot of the same and in such circumstances applicant is entitled for bail. In support of his contention he has placed reliance on the case of Ahmed Din v. The State (1998 Cr.LJ 747), Abdul Rehman v. The State (2014 YLR 2083) and Ayaz Ali v. The State (PLD 2014 Sindh 282).
4. Learned APG has opposed the grant of bail.
5. It is an admitted fact on record that the present applicant has been admitted to bail in Crime No.151/2015 under sections 324, 353, 148, 149, P.P.C. of Police Station Kamber and this case is the off-shoot of the main case. All the witnesses are police officials, case has been challaned, therefore, there are no chances of tampering of evidence. Moreover, no material has been placed on record that the present applicant was previously convicted in such like cases.
6. Looking to the above facts and circumstances, applicant is admitted to bail on furnishing surety in the sum of Rs.50,000 with P.R. Bond in the like amount to the satisfaction of trial Court. MQ/M-128/Sindh Bail granted.