2003 PLP 1610 (MLD)
RANO and 2 others — Applicants Versus THE STATE — Respondent
| Citation | 2003 PLP 1610 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | RANO and 2 others — Applicants Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 1610 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1610 (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: 2003 PLP 1610 (MLD) (RANO and 2 others — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302/34
Bail, grant of-- Further inquiry
Accused who were real brothers had been nominated in F.I.R. only on suspicion
On the basis of post-mortem report of deceased girl, it was yet to be seen whether it was a case of suicide committed by her or she was murdered by the accused persons or some one else
Case of accused, in circumstances, needed further inquiry within the ambit of S.497(2), Cr.P.C.
Judgment & Decree
Abdul Rasool Abbasi for Applicants. Anwar Ansari for the State. By this application under section 497, Cr.P.C. applicants have prayed for grant of bail in Crime No-12 of 2002, Police Station Wahi Pandi Taluka Johi District Dadu, wherein they have been charged for commission of offence punishable under sections 302 and 34, P.P.C. Precisely, case of the prosecution is that Mst. Zainab daughter of complainant Rachal had died on 29-11-2002. On coming to know about this fact, complainant suspected and thus nominated the three applicants in the F.I.R. for committing the murder of his daughter Mst. Zainab. The applicants were arrested on 16-12-2002 and since then they are in custody. After usual investigation challan has been submitted before the trial Court on 31-12-2002, where the applicants are, facing trial. Mr. Abdul Rasool Abbasi learned counsel for the applicants contends that the death of Mst. Zainab was caused as she had committed. suicide by hanging, which facts is confirmed from her post-mortem report. Admittedly, the incident is an unwitnessed incident but due to `suspicion the three applicants, who are real brothers, have been falsely implicated in the crime. He further contends that in such circumstances at this stage case of applicants needs further inquiry therefore, they are entitled for the concession of bail. Mr. Anwar Ansari learned State counsel did not dispute that the death of Mst. Zainab resulted due to hanging, which fact is confirmed from the post-mortem report and such incident was not witnessed by any body. He also conceded that the applicants have been nominated in the F.I.R. only on suspicion and no specific role has been assigned to anyone of them. I have considered the arguments and perused the case record. Submissions made by learned counsel for the applicants, as also conceded by the learned State counsel, are duly supported from the case record. The applicants, who are real brothers have been nominated in the F.I.R. only on suspicion. On the basis of post-mortem report of deceased Mst. Zainab, it is yet to be seen whether it is a case of suicide committed by her or she was murdered by applicants or some one else. In such circumstances case of applicants needs further inquiry within the ambit of section 497(2), Cr.P.C. Accordingly the applicants are admitted to bail on their furnishing surety in the sum of Rs.2,00,000 each and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./R-95/K Bail granted.