PCRLJ 2002

2002 P Cr (PLP)

GHULAM MUHAMMAD and 2 others‑‑‑Applicants Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Karachi
Decided Date
Criminal Bail Application No.387 of 2001, decided on 29th April, 2002.
Honorable Judges
Ata‑ur‑Rehman, J
Case Reference Summary (AEO Optimized)
Citation 2002 P Cr (PLP)
Forum / Court Karachi
Bench Members Ata‑ur‑Rehman, J
Parties GHULAM MUHAMMAD and 2 others‑‑‑Applicants Versus THE STATE‑‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2002 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: Ata‑ur‑Rehman, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2002 P Cr (PLP) (GHULAM MUHAMMAD and 2 others‑‑‑Applicants Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Headnotes / Summary

Criminal Procedure Code (V of 1898)‑‑‑ S. 497‑‑‑Penal Code (XLV of 1860), Ss.302/324‑‑‑Bail, grant of‑‑All egation against accused was that he caused sharp side hatchet blow to prosecution witness, whereas co‑accused had fired at the complainant and prosecution witness‑‑‑Medical report showed that injured prosecution witness had received only one injury on his parital region which had been caused with hard and blunt substance‑‑‑No pellet injury was found on the body of prosecution witness and no injury was caused by sharp side of hatchet on prosecution witness as alleged‑‑‑Counter‑versions were found in the case and all accused in counter‑case had been allowed bail‑‑‑Two co‑accused in the case had been granted bail and medical report was not in consonance with version recorded in the F.I.R.‑‑‑Bail was granted to accused in circumstances. Abdul Rasool Abbasi for Applicants. Mukhtar Ahmed Khanzada for the State.

Judgment & Decree

This bail application has been placed before this Bench in view of the order, dated 3‑12‑2001 passed by the Honourable Chief Justice on the office note dated 1‑12‑2001. This bail application has been moved by three applicants namely Ghulam Muhammad, Din Muhammad and Ahmed sons of Mithal who are involved in Crime No.4 of 2000 of Police Station Jhallo, District Dadu under sections 302, 324 and other sections of P.P.C. The incident is admitted by both the parties. At the outset learned counsel for the applicants submitted that the bail application of Ghulam Muhammad who has been attributed the fatal injury to deceased Abdul Latif is not being pressed by him. He presses the bail application for applicants Din Muhammad and Ahmed. It is also contended that in this case in Criminal Bail Application No.650 of 2000 two co‑accused namely Mithal and Kauro have been granted bail on 28‑11‑2000. He also informed that in the Crime No.5 of 2000 all the four persons involved in the matter have been allowed bail before arrest by Court of Session. I considered the submissions of the counsel for the applicants as well as of learned counsel for the State. The latter has opposed the grant of bail. According to the F.I.R. the allegations against Din Muhammad is that he caused sharp side hatchet blows to P. W. Azizullah, whereas Ahmed tired at the complainant and Azizullah. Injured Azizullah fell down after receiving the pellet injury. The medical report has been brought on record and it was examined in the Court. According to it injured Azizullah received only one injury on his parital region which has been caused with hard and blunt substance. There is no pellet injury found on his body and so also no injury caused by sharp side of the hatchet on his person. Keeping in view of the fact that there are counter‑versions; all the accused in the counter‑case have been allowed bail; two accused in this case have been granted bail as observed above and that the medical report is not in consonance with the version recorded in the F.I.R. the present applicants namely Din Muhammad and Ahmed are allowed bail on each of them furnishing surety m the sum of Rs.2,00,000 (Rupees two lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court. The bail application of Ghulam Muhammad is dismissed as not pressed. H.B.T./G‑100/K Bail granted.