2004 PLP 2024 (YLR)
MUHAMMAD HASSAN and another‑‑‑Applicants Versus THE STATE‑‑‑Respondent
| Citation | 2004 PLP 2024 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Wahid Bux Brohi, J |
| Parties | MUHAMMAD HASSAN 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 2004 PLP 2024 (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 2004 PLP 2024 (YLR)?
The case was heard and decided by the Karachi bench comprising: Wahid Bux Brohi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2024 (YLR) (MUHAMMAD HASSAN and another‑‑‑Applicants Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- I have heard Mr. Abdul Rasool Abbasi, Advocate for the applicants and Mr. Gul Hassan Solangi, learned counsel for the State. The latter has opposed the bail on the ground that the applicants had initially resisted their arrest and fired at police party.
Headnotes / Summary
‑‑‑‑S. 490--West Pakistan Arms Ordinance (XX of 1965), S.13(d)‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)‑‑‑Bail grant of‑‑‑Accused persons in the main case registered against them under S.17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, had already been granted bail‑‑‑State Counsel was not aware if any case under West Pakistan Arms Ordinance, 1965 had been registered against accused‑‑‑Allegation against accused was only of ineffective firing though it was said that exchange of fires continued for about 25 minutes‑‑‑Accused had remained in jail for a period of more than one year and one month‑‑‑Accused were entitled to bail, in circumstances. Abdul Rasool Abbasi for Applicants. Mushtaque Ahmed Kourejo for the State.
Judgment & Decree
Abdul Rasool Abbasi for Applicants. Mushtaque Ahmed Kourejo for the State. Applicants are facing trial for an offence punishable under sections 324, 353/34, P.P.C. It is the case of prosecution that on 20‑1‑2003 complainant S.I.P. Abdullah Khan, S.H.O., Police Station K.N. Shah received a message that three persons riding a motorcycle were signalled to stop by the police belonging to Thariri Mohabbat but they succeeded in running away, therefore, blockade may be held. The S.H.O. took his subordinate staff and held Nakabandi. The motorcycle appeared at 11‑30 a.m. and on seeing police party they took a turn to go back but they lost balance and fell down. One of them identified to be Manzoor managed to escape but the other two after an encounter of 25 minutes were captured and a K.K. and pistol were secured from the applicants. I have heard Mr. Abdul Rasool Abbasi, Advocate for the applicants and Mr. Gul Hassan Solangi, learned counsel for the State. The latter has opposed the bail on the ground that the applicants had initially resisted their arrest and fired at police party. It is pointed out by the learned counsel for the applicant that in the main case registered as Crime No. 16 of 2003 for an offence under section 17(3), Offences Against Property (Enforcement of. Hudood) Ordinance, 1979, the applicants have already been granted bail by the learned Additional Sessions Judge, Mehar. As regards the recovery of K.K. and pistol. Learned State Counsel is not aware if any case under section 13(d), Arms Ordinance has been registered or not. As far the instant case is concerned, the allegations are only of ineffective firing although it is said that exchange of fires continued for about 25 minutes. The applicants have remained in jail for a period of more than one year and one month. In the circumstances, they appear to be entitled to concession of bail. In result of the above, the application is allowed. The applicants be released on bail subject to furnishing solvent surety in the sum of Rs.100,000 each and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./M‑61/K Bail granted.