2004 PLP 659 (MLD)
KIRAR — Petitioner Versus THE STATE-Respondent
| Citation | 2004 PLP 659 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | KIRAR — Petitioner Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 2004 PLP 659 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 659 (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: 2004 PLP 659 (MLD) (KIRAR — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.395/342
Bail, grant of-- Name of accused, who alongwith his companions formed an unlawful assembly, duly armed with deadly weapons barged in the house of complainant and committed robbery of valuable articles at gun-point, was transpired in F.I.R.
Nothing had been placed on record from which it could be deduced that complainant or any of the prosecution witnesses was biased against accused
Recovery of some robbed property was made from possession of accused
Merely because co-accused whose name transpired in F. I. R. had been let off by the police during course of investigation, was no ground for grant of bail to accused as he could be joined at any stage of the case if any incriminating- evidence would come on record
Delay in lodging report had been explained in F.I.R.
Delay in lodging of F.I.R., however, was no ground for grant of bail in each and every case
Case of co- accused, who was granted bail, was distinguishable from the facts and circumstances of the case of the accused
Bail application of accused, was dismissed, in circumstances.
Judgment & Decree
The brief facts of the prosecution case as disclosed in the F.I.R. lodged by complainant Ahmed Khan on 24-6-2000 are reproduced herein below in extenso:-- "Complaint is that I am hari, I am residing with my brothers Muhammad Bachai and Muhammad Musa within one enclosure in separate houses. On 22-3-2000 we, the brothers namely Muhammad Bachal and Nephew Hassan and Siddique both sons of Muhammad Bachal and Pendi son of Achar Malah, resident of village Bachal Detho and other guests after taking meal were sitting in otak and were chit chatting when at about 10-00 p.m. in the night five persons whose faces were open and I identified them to be Ishaque Joyo resident of Village Ghulam Haider Joyo duly armed with K.K. (2) Manzoor Joyo resident of Karachi Hotel Nasarpur who had K.K. (3) Piral Bachro, resident of Manzoor Abad duly armed with Lanchur, (4) Jaro by caste Meso resident of Manzoor Abad, duly armed with Gun, (5) Kirar son of Haji Hussain Detho resident of Village Bachal Detho armed with Gun, threatened us on the point of weapons. They tied us with cotton towels. Accused Ishaq Joyo and Manzoor loyo took me ahead and they entered in my house. The accused robbed golden ornaments, cash and licenced weapons belonging to me and my brothers namely Muhammad Bachal and Muhammad Moosa and also threatened me that if, I, disclosed to anybody it will not be good for me. The accused Kirar belongs to our brothery as such eve approached to our ' Nek Mard' for getting back our Robbed articles. Wadero Khuda Dino son of Muhammad Ali Detho told us that Kirar is criminal type man. He is issuing threats and will not return articles. He suggested that we should lodge report at police station against all the above accused stated hereinabove. Now I have come and lodge report that above five persons duly armed with weapons tied us with towels and took away below mentioned golden ornaments, cash and licenced weapons of mine and my brothers and have committed dacoity. Complaint is lodged, Investigations be made. (1) From Ahmed Detho (complainant). (i) One Gun No.245469-SBBL, (2) two gold rings (gents) (3), cash amounting to Rs.6,000 notes of various denomination. (2) From Muhammad Bachal son of Mahmood. (i) One Gun No.7214 DBBL, (2) two rings of Gold, (3) Two Gold Naths, (4) Two pairs of Neelam, (5) Two pairs of Manger and (6), Twenty ladies Rings, (7), Two Tikka, (8) four Bangles, (9) Cash amounting to Rs.35,000 notes of different denomination. (3) From Muhammad Moosa son of Mahmood. (i)One Revolver No.6354.32 bore, (2) One dohiry, (3) Two golden Naths, (4) One pair of Neelam, (5) Ten ladies Rings (6), Four Bangles weighing and price not known, and (7) Cash of Rs.44,000 and total cash amount of Rs.85,
000. The applicant/accused applied-for bail before the trial Court but his bail plea was dismissed by impugned order dated 30-4-2003. We have heard Mr. Muhammad Younus Behan learned counsel on behalf of applicant/accused and Mr. Rasheed Ahmed Qureshi, learned A.A.-G. for the State as well as Mr- Muhammad Azim Panmwhar, learned counsel appearing on behalf of A.A.-G. for the State. Both the letter learned counsel have opposed the bail plea of applicant/accused. The perusal of material placed on record shows that name of applicant/accused transpires in the F.I.R. He alongwith his companions I formed an unlawful assembly, duly armed with deadly weapons barged in the house of complainant and committed robbery of valuable articles at gun-point. Nothing has been placed on record from which it could be deduced that complainant or any of prosecution witness was/is biased against the applicant/accused. The recovery of some robbed property was made from the possession of applicant/accused. Merely, co-accused Jaro whose name transpires in the F.I.R has been let off by the police during the course of investigation is no ground for grant of bail to applicant/accused as he i.e. Jaro could be joined at any stage of the case' if any incriminating evidence comes on record. The delay in lodging report has, been explained in the F.I.R. Even otherwise-the delay in lodging of F.I.R. is no ground for grant of bail in each and every case. In this context we are fortified by the decision of apex Court in case of Haji Gul Khan v. Gul Daraz Khan and another reported in 1995 SCMR 1765. The case of co-accused Peeral who was granted bail by this Court is distinguishable from the facts and circumstances of the present case. Resultantly, the application stands dismissed. At this juncture, learned counsel appearing on behalf of applicant/accused requests that direction may be issued to the trial Court for early disposal of the case. Order accordingly. H.B.T./K-2 Bail appellant dismissed.