2012 PLP 1012 (MLD)
KHURSHED HUSSAIN and 4 others — Applicants Versus THE STATE — Respondent
| Citation | 2012 PLP 1012 (MLD) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | KHURSHED HUSSAIN and 4 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1012 (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 2012 PLP 1012 (MLD)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1012 (MLD) (KHURSHED HUSSAIN and 4 others — 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), Ss. 119/166/34
Public servant concealing design to commit offence which it is his duty to prevent, public servant disobeying law, with intent to cause injury to any person, common intention, neglect of duty, etc.
Allegation against accused persons (police officials) was that they were assigned the task of providing security to some prisoners for bringing them in the court and in their presence a prisoner took out a pistol and fired upon other prisoners due to which one of the prisoners expired
Contention of accused persons that as per order of a Senior Police official they had been sent for trial under Ss.166, 34 of P.P.C and S. 29 of Police Act, 1861, which offences were bailable and entitled them to be released on bail
Prosecution had no objection to the grant of bail, in view of the order of the Senior Police official
Judgment & Decree
MUHAMMAD ALI MAZHAR, J.
All the applicants are police officials; they have applied bail in Crime No.7 of 2012 of Police Station Civil Line, Larkana, lodged under sections 119, 166, 34, P.P.C. and 29 of the Police Act.
2. On 16-1-2012, SIP Abdul Waheed Mangi on behalf of the State lodged F.I.R. that the present applicants were assigned task of providing security to some prisoners for bringing them in court and in their presence one prisoner Habibullah took out pistol from his fold and fired upon other prisoners Mashooque Ali and Darban Ali, due to which prisoner Mashooque Ali expired and since the present applicants failed to perform their duty and committed gross negligence, therefore, F.I.R. has been lodged against them.
3. Learned counsel for the applicants argued that except section 119, P.P.C., all the offences mentioned in the F.I.R. are bailable. He submitted copy of order of Superintendent of Police Headquarter, Larkana, dated 2-2-2012, which was communicated to the S.H.O. Police Station Civil Line that the above applicants be sent up for trial under sections 166, 34, P.P.C. and section 29 of the Police Act in the Court of law. Learned counsel argued that now all the offences are bailalbe and the applicants are entitled to be released on bail.
4. Learned State counsel has also seen the letter of S.P. Headquarter and in view of that he has no objection if the applicants are granted bail.
5. In view of the above, the applicants are granted bail subject to their furnishing solvent surety in the sum of Rs.50,000 each with P.R. bond in the like amount to the satisfaction of trial Court.
6. The bail application stands disposed of. M.W.A./K-3/K Bail granted.