2005 PLP 3229 (YLR)
IRSHAD and another — Applicants Versus THE STATE — Respondent
| Citation | 2005 PLP 3229 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Rahmat Hussain Jafferi, J |
| Parties | IRSHAD and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 3229 (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 3229 (YLR)?
The case was heard and decided by the Karachi bench comprising: Rahmat Hussain Jafferi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 3229 (YLR) (IRSHAD and another — Applicants 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), S.324
Allegation against accused persons was that they armed with gun and hatchet caused injuries to complainant party
Medical evidence did not support said allegation as injured had no fire-arm injury on his person nor had any sharp side hatchet injury
Co-accused, itt similar circumstances, had been granted bail on ground of conflict between medical and oral evidence
Rule of consistency required that accused should also he granted bail
Bail was granted to accused, in circumstances. Ghulam Shabbir Dayo for Applicant,. Muhammad Mahmood Khan Yousifi, A.A.-G. for the State.
Judgment & Decree
RAHMAT HUSSAIN JAFFERI, J.
This is a case of injury in which it is alleged that on 27-9-2004 at 5-00 p.m. the applicant Irshad armed with gun and applicant Zafar Ali armed with hatchet caused injuries to the complainant party. It is further alleged that the other accused persons who were armed with guns fired at the injured person whereas applicant Zafar Ali had caused sharp side of hatchet injury on the person of Sono Khan. The medical evidence does not support the said allegations as the injured had no fire-arm injury on his person nor injured Sono Khan has any sharp side hatchet injury. In the A similar circumstances, this Court granted bail to co-accused Manzoor Ali, Bakhshal and Ghulam Mustafa on the ground of conflict between medical and oral evidence. The rule of consistency requires that the applicants should also be granted bail. In the circumstances of the case bail is granted to the applicants in the stun of Rs.1,00,000 each on furnishing solvent surety with P.R. bond in the like amount to the satisfaction of the trial Court. The application is allowed. H.B.T./I-36/K Bail granted.