2006 P Cr (PLP)
JANO alias JAN MUHAMMAD and 3 others — Applicants Versus THE STATE — Respondent
| Citation | 2006 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | JANO alias JAN MUHAMMAD and 3 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 P Cr (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 2006 P Cr (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: 2006 P Cr (PLP) (JANO alias JAN MUHAMMAD and 3 others — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.337-A(ii), 337-F(i) & 504
Counsel of accused persons did not press bail application of one accused who would surrender before Trial Court as part assigned to said accused was that of causing injury on face of injured
Bail application to the extent of another accused had become infructuous because he had been arrested by police
Case of two other accused persons was distinguishable from the other accused
Delay of about more than 13 days was made in lodging F.I.R.
All provisions of P.P.C. applied to the present case were bailable except S.337-A(ii), P.P.C., which provided punishment only of five years and would not fall within prohibitory clause of S.497(1), Cr.P.C.-Said two accused persons were granted bail, whereas application of one accused was rejected as not pressed and application of another accused had become infructuous as he had been arrested.
Judgment & Decree
S. ALI ASLAM JAFRI, J.
At the very outset Mr. Abbasi argued that he will not press this application for accused Jan Muhammad who shall surrender before the trial Court as the part assigned to him is that of causing injury on the face of injured Mst. Hidayat Khatoon, however, so far other applicants are concerned, he has argued that their case is distinguishable from that of co-accused Jan Muhammad. A Furthermore, there is delay of about more than 13 days in lodging the F.I.R. All the sections applied are bailable except section 337-A(ii), P.P.C. which, too, is punishable only to five years and does not fall within the prohibitory clause of section 497(i), Cr.P.C. Learned counsel has further argued that police wants to arrest the applicants for ulterior motive and with mala fide intention and as such, he has prayed for grant of pre-arrest bail to applicants Daud and Murad Ali. Mr. Rasheed A. Qureshi who was opposing the grant of pre-arrest bail particularly to accused Jan Muhammad, has stated that the case of the remaining two applicants Daud and Murad Ali appears to be distinguishable whereas, applicant Badal has already been arrested by the police, hence his application has become infructuous. Under these circumstances, I feel inclined to grant pre-arrest bail to applicants Daud and Murad Ali if each of them furnishes one solvent surety in the sum of Rs.50,000 (Rupees fifty thousand) and P.R. bond in the like amount to the satisfaction of the Additional Registrar of this Court. They shall thereafter appear before the learned trial Court and join the proceedings. Pre-arrest bail application of applicant Jan Muhammad is rejected as not pressed. So far application of applicant Badal is concerned, it has become infructuous because he has been arrested by the police as disclosed by Mr. Abdul Rasool Abbasi. H.B.T./J-30/K????????????????????????????????????????????????????????????????????????????????????? Order accordingly.