1990 P Cr (PLP)
FOUJ ALI and another‑‑‑Applicants Versus THE STATE‑‑‑Respondent
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Mamoon Kazi, J |
| Parties | FOUJ ALI and another‑‑‑Applicants Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1990 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Mamoon Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 P Cr (PLP) (FOUJ ALI and another‑‑‑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 & 458/34‑‑‑Bail, grant of‑‑ Question of sharing common intention with the other accused who Fired the fatal shot ‑‑‑Accused trespassed into a house for committing theft‑‑‑While attempting to make good their escape, one of the accused fired at the deceased‑‑‑Other accused was empty handed who did not share common intention of killing the deceased‑‑‑Case of accused who was empty handed appeared to be of further inquiry‑‑‑Bail granted to said accused in circumstances. Awan Rehmatuliah Nadccm for Applicants. K.M. Nadeem, A.A.‑G. for the State.
Judgment & Decree
Criminal Bail Applications Nos.221 and 437 of 1989, decided on 2nd July, 1989, Criminal Procedure Code (V of 1898) ‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.302 & 458/34‑‑‑Bail, grant of‑‑ Question of sharing common intention with the other accused who Fired the fatal shot ‑‑‑Accused trespassed into a house for committing theft‑‑‑While attempting to make good their escape, one of the accused fired at the deceased‑‑‑Other accused was empty handed who did not share common intention of killing the deceased‑‑‑Case of accused who was empty handed appeared to be of further inquiry‑‑‑Bail granted to said accused in circumstances. Awan Rehmatuliah Nadccm for Applicants. K.M. Nadeem, A.A.‑G. for the State. Although Mr. Awan Rehmatullah Nadeem, learned counsel for the applicants does not press for granting of bail to applicant Fouj Ali, but his emotion regarding applicant Faqiroo is that admittedly he was not armed with any weapon at the time of commission of the alleged offence. According to the allegations, the two accused alongwith their accomplice Pahu had committed lurking house trespass at night for the purpose of committing theft in the house of Abdul Razaque, who on seeing applicant Faqiroo grappled with him. In the meanwhile, co‑accused Fouj Ali allegedly fired a fatal shot at Lal Bux. The contention of Mr. Awan Rchmatullah Nadeem, is that according to the prosecution case there appears to be no common intention on the part of the applicant Faqiroo to cause death of Lal Bux. There appears to be force in the argument and the case appears to be of further inquiry, as contemplated by section 497(2), Cr.P.C. Bail is, therefore, granted to applicant Faqiroo in the sum of Rs.1,00,000 with o L.' surety in the like amount to the satisfaction of the learned trial Court. The request for bail on behalf of the co‑accused Fouj Ali is rejected. S.A./F‑120/K Order accordingly.