2019 PLP 1980 (MLD)
NADIR ABBAS — Petitioner Versus The STATE — Respondent
| Citation | 2019 PLP 1980 (MLD) |
| Forum / Court | Gilgit-Baltistan Chief Court |
| Bench Members | N/A |
| Parties | NADIR ABBAS — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 1980 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 1980 (MLD)?
The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 1980 (MLD) (NADIR ABBAS — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Khaliq for Petitioner.
- Deputy Advocate General for the State.
- 4. The learned Dy. Advocate General submitted that the accused/ petitioner opened fire shots on the police party and was caught red handed with the weapon of offence. The accused/petitioner resisted his lawful arrest and showed a reckless attitude. The provisions of section 324 are fully attracted and the offence falls within the prohibitory clause of section 497, Cr.P.C. The bail has rightly been refused to the petitioner/ accused by the trial Court.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860 ), Ss. 324, 353 & 186
Pakistan Arms Act (XX of 1965 ), S. 13
Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public function, possessing unlicensed weapon
Discrepancy in statements
Applicability of S. 324, P.P.C.
Scope
Petitioner was directly charged in the FIR with the allegation that he opened fire shots on the police party, who went to arrest him
Statements of the police officials were discrepant about the applicability of S. 324, P.P.C.
Tentative assessment was to be carried out, at bail stage the intention to kill would be thrashed out by the Trial Court after recording of evidence
Case of the petitioner called for further inquiry as envisaged under S. 497(2), Cr.P.C.
Petitioner was admitted to bail, in circumstances.
Judgment & Decree
MALIK HAQ NAWAZ, J.
The petitioner Nadir Abbas son of Hussain Ali Khan has filed the instant Cr. Misc. No. 91/2019 for grant of post arrest bail in a case registered against him under sections 324/ 353/186, P.P.C. and 13 A.O. vide FIR No. 69/2018 of Police Station Basin, District Gilgit.
2. The brief facts of the case have been mentioned in para 2 of the impugned judgment passed by the learned Addl. Sessions Judge Gilgit. The relevant para is reproduced for ready reference:- "Brief facts of prosecution's case according to FIR are that petitioner/accused attempted to commit murder of Police Officials by firing on them with pistol who went to the house of petitioner/accused to bring him to Police Station in connection with an application submitted by one Shoukat Hussain resident of Sharote against the petitioner/accused. Hence FIR No. 69/2018 has been registered in Police Station Basin Gilgit under sections 324/353/186, P.P.C. and 13 Arms Ordinance, 1965."
3. The learned counsel for the petitioner submitted that facts of the case have been over exaggerated by the complainant to make the allegations heinous. The offences mentioned in the FIR are bailable except section 324, P.P.C., which is not attracted in the case. The case of the petitioner is one of the further inquiry falling under section 497(2), Cr.P.C. and he deserves the concession of bail. The learned counsel relied on 2004 YLR 104, 1999 PCr.LJ 140, 2010 MLD 344, 2007 YLR 255 and 2008 PCr.LJ 153 in support of his arguments.
4. The learned Dy. Advocate General submitted that the accused/ petitioner opened fire shots on the police party and was caught red handed with the weapon of offence. The accused/petitioner resisted his lawful arrest and showed a reckless attitude. The provisions of section 324 are fully attracted and the offence falls within the prohibitory clause of section 497, Cr.P.C. The bail has rightly been refused to the petitioner/ accused by the trial Court.
5. The accused is directly charged in the FIR with the allegation that he opened fire shots on the police party, who went to arrest him. The statements of the police officials have been read over in the open Court, which are discrepant about the attraction of section 324, P.P.C. The tentative assessment at bail stage when carried out, the intention to kill still remains to be thrashed out by the learned trial Court after recording of some evidence. The case is one of the further inquiry, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,0000/- (Rupees ten lac) with two sureties each in the like amount to the satisfaction of learned trial Court.