MLD 2005

2005 PLP 1183 (MLD)

Haji SHABBIR and another — Applicants Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
2005-April-26
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2005 PLP 1183 (MLD)
Forum / Court Karachi
Bench Members N/A
Parties Haji SHABBIR and another — Applicants Versus THE STATE — Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2005 PLP 1183 (MLD)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2005 PLP 1183 (MLD)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2005 PLP 1183 (MLD) (Haji SHABBIR and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Headnotes / Summary

S. 498

Penal Code (XLV of 1860), Ss.324, 337-A(i), 337-F(i), 504, 147 & 149

Interim bail before arrest, confirmation of

Enmity between parties was admitted in F.I.R. and offence alleged against one of accused under S.337-A(i), P.P.C. was bailable

Other accused was not alleged to have caused any injury

Main accused had been granted bail

State counsel had no objection to the confirmation of interim bail before arrest already granted to accused

Interim bail before arrest granted to accused was confirmed accordingly.

Judgment & Decree

The applicants are required in Crime No.87 of 2004 Police Station Bhan for the commission of offences under sections 324, 337-A(i), 337-F(i), 147, 149 and 504 P.P.C. According to the F.I.R. the parties were not having good relations on account of dispute between the children. It is further alleged in the F.I.R. that co-accused Amir Bux caused five dagger blow injuries to complainant Hafiz Manthar Ali while applicant Shah Mir caused one dagger blow to P.W. Sanaullah. Applicant Haji Shabbir is not attributed any active role. The learned counsel for the applicant has submitted that the enmity between the parties is admitted in the F.I.R. and the offence alleged against applicant Shah Mir falls under section 337-A(i) P.P.C. which is bailable. Applicant Haji Shabbir is not alleged to have caused any injury. The main accused according to the F.I.R. is Amir Bux. He has further submitted that the applicants were absolved by the police during the course of investigation and therefore their names have been placed in Column No.2 of the challan. He has further submitted that the main accused Amir Bux has already been granted bail by the learned trial Court. In view of the fact that the main accused has been granted bail by the learned trial Court the learned State counsel has no objection to the confirmation of interim bail before arrest granted to the applicant on 15-4-2005. The interim bail before arrest is confirmed accordingly. H.B.T./S-117/K Bail confirmed.