2009 PLP 2153 (YLR)
REHMATULLAH alias REHMAT — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 2153 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Dr. Qammaruddin Bohra, J |
| Parties | REHMATULLAH alias REHMAT — 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 2153 (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 2153 (YLR)?
The case was heard and decided by the Karachi bench comprising: Dr. Qammaruddin Bohra, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2153 (YLR) (REHMATULLAH alias REHMAT — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Only allegation against accused was instigation
Superintendent of Police (Investigation) in the letter addressed to the Investigation Officer directed that accused was innocent with other three accused persons and their names be shown in column No.2 of the challan
Police had accordingly submitted the challan wherein the name of accused was shown in column No.2, which had brought the case of accused for further inquiry--Accused was admitted to pre arrest bail in circumstances. A. Khursheed Khan for Applicant. Khizar Asghar Zaidi, A.A.-G. for the State.
Judgment & Decree
DR. QAMMARUDDIN BOHRA, J.
The learned counsel contended that admittedly there is enmity between the applicant/accused and complainant and prior to this another case has been lodged by the complainant against the applicant/ accused where he has lodged case under sections 365-A, P.P.C. and 7, A.T.A., which is pending before the A.T.A. Court No.III, Larkana and earlier to that also there was some litigations. The learned counsel further contended that regarding the instant case the applicant/accused obtained protective bail from the High Court, Sukkur Bench in Crl. Bail Application No. 679 of 2008 and during the protective bail he appeared before the trial Court (Additional Sessions Judge Hudood, Sukkur) in which the learned trial Court declined to admit the applicant on pre-arrest bail on the ground that on his instigation the incident was taken place when Mehmood son of Muhammad Bachal was died due to the firing and further that his name was included in the F.I.R. on the basis of instigation and also that applicant/accused has been shown at the place of wardat in the heinous crime. Thereafter the applicant/accused have come before this Court. Initially this "Crl. Bail was filed at Sukkur, however not opposed to grant this interim bail. Admittedly there is only allegation against the present applicant is instigation. The learned counsel has also drawn attention of the Court on the letter of Superintendent of Police Investigation, Sukkur addressed to the Investigation Officer directing that the present accused/applicant is innocent with other three accused and their names be shown in column No.2 of the challan and police has accordingly submitted the challan wherein the name of the applicant/accused is shown in column No.2. All this above bring the case of the applicant/accused for further inquiry. He is admitted for pre-arrest bail in the sum of Rs.2,00,000 and P.R. bond in the like amount to the satisfaction of the Nazir of this Court. Police paper be also called. The applicant/accused is directed to appear before the trial Court on the date of hearing. H.B.T./R-21/K Bail granted.