2010K2642 (PLP)
GHULAM SHABIR and another — Applicants Versus THE STATE — Respondent
| Citation | 2010K2642 (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | GHULAM SHABIR 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 2010K2642 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010K2642 (PLP)?
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: 2010K2642 (PLP) (GHULAM SHABIR and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- F.I.R. reveals that the names of the applicants/accused appear in the F.I.R. who have been shown armed with guns and recovery of one buffalo has been recovered from them. It is also pointed out that the applicants/accused are involved in four other cases and those cases are pending against the applicants in the Court of Additional Sessions Judge Gambat as stated by learned Advocate for the applicants. Since the applicants/accused are involved in four cases and recovery of one gun has been effected from the accused and from the perusal of F.I.R. it also reveals that 12 empties of .12 bore gun have been recovered from the place of incident. Police has also fired 10 shots from SMG and the same empties have also been recovered from the place of incident.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.324, 353, 148 & 149
Attempt to commit qatl-e-amd
F.I.R. had revealed that the names of accused persons appeared in the F.I.R. who had been shown armed with guns and recovery of one buffalo had been effected from them
Accused were involved in four other cases and those cases were pending against them in the Trial Court
F.I.R. also revealed that 12 empties of 12 bore gun had been recovered from the place of incident
Accused persons had failed to make out a case of further enquiry
Bail application having no merits, was dismissed, in circumstances.
Judgment & Decree
SYED SHAFQAT ALI SHAH MASOOMI, J.
Applicants were seeking bail in Crime No.26 of 2009 Police Station Sobhodero under sections 324, 353, 148, 149 and 412, P.P.C. According to the F.I.R. lodged by complainant SIP Irshad Hussain S.H.O. Police 'Station Sobhodero on behalf of State on 5-3-2009, it is alleged that he along with his subordinate staff left the Police Station in a government vehicle in order to arrest the proclaimed offender. He received spy information that complainant Sher Mal Marecho has appeared at police station as his buffaloes have been snatched by the five accused persons and the police arrived there and apprehended applicants/accused Ghulam Shabir with DBBL Gun whereas Muhammad Saleh with SBBL Gun and while three accused left the buffalo and managed their escape good. Hence the F.I.R. was lodged as stated above. Heard learned counsel for the applicants as well as learned A.P.-G. F.I.R. reveals that the names of the applicants/accused appear in the F.I.R. who have been shown armed with guns and recovery of one buffalo has been recovered from them. It is also pointed out that the applicants/accused are involved in four other cases and those cases are pending against the applicants in the Court of Additional Sessions Judge Gambat as stated by learned Advocate for the applicants. Since the applicants/accused are involved in four cases and recovery of one gun has been effected from the accused and from the perusal of F.I.R. it also reveals that 12 empties of .12 bore gun have been recovered from the place of incident. Police has also fired 10 shots from SMG and the same empties have also been recovered from the place of incident. At this stage the applicants have failed to make out a case of further enquiry, therefore, application having no merits and is hereby dismissed and the learned trial Court is directed to conclude the trial within the period of five months without fail, in case the complainant police officials failed to produce the evidence in trial court within stipulated period, applicants can make an application for bail if they so desires. However, the observations made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influenced the mind of the trial Court which is free to appraise the evidence strictly according to the merits of the case. H.B.T./G-32/K Bail refused.