2005 PLP 850 (YLR)
MUHAMMAD IBRAHIM ‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 850 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam, J |
| Parties | MUHAMMAD IBRAHIM ‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 850 (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 2005 PLP 850 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 850 (YLR) (MUHAMMAD IBRAHIM ‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.302/114/148/149‑‑‑Bail, grant of‑‑ Accused though was allegedly carrying gun but no overt act was attributed to him‑‑ Even there was no allegation against accused that he instigated accused to commit the crime or that he fired in the air to scare away the complainant‑‑‑Case for grant of bail having been made out, accused was granted bail. Nisar Ahmed G. Abro for Applicant. S. Mehboob Ali Shah for the State.
Judgment & Decree
‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.302/114/148/149‑‑‑Bail, grant of‑‑ Accused though was allegedly carrying gun but no overt act was attributed to him‑‑ Even there was no allegation against accused that he instigated accused to commit the crime or that he fired in the air to scare away the complainant‑‑‑Case for grant of bail having been made out, accused was granted bail. Nisar Ahmed G. Abro for Applicant. S. Mehboob Ali Shah for the State. Muhammad Ibrahim son of Haji Andal facing trial in Crime No.47 of 2004, Police Station, Nasirabad for an offence under sections 302, 148, 149, 114, P.P.C. seeks bail on the ground, inter alia, that no role has been assigned, nor recovery has been effected from the present applicant though he was arrested on 21‑5‑2004. One of the co‑accused Qasim son of Andal who is alleged to have instigated the commission of the crime has been let off by the police and placed in Column No.2 of the challan. Overt act is attributed to Haleem of giving Danda blow to father of the complainant Jan Muhammad and hatchet blow is attributed to Bashir Ahmed and Shabir is alleged to have inflicted other side of hatchet and Lathi blow respectively to the son of the complainant. Bail was declined by the learned trial Court i.e. on the promise that the F.I.R. was prompt, accused are named in the F.I.R. and there are serious allegations against accused persons who were implicated by witnesses, medical evidence corroborates the ocular version. Mr. Mehboob Ali Shah, learned State counsel conceded that, no overt act is attributed to the applicant. I have also considered the submissions made by the applicant's counsel and perused the F.I.R., which shows that though the applicant was alleged to carrying gun, but no overt act is attributed towards him, no even instigation or even fire in air to scare away the complainant. Such circumstances to in my view case is made out, applicant is extended bail subject to furnishing of a solvent surety in the sum of Rs. one hundred thousand and PR bond in the like amount, to the satisfaction of learned trial Court. In case the applicant abuses the concession of bail, the learned trial Court may cancel the same. H.B.T./M‑ 74/K Bail granted.