PCRLJ 2006

2006 P Cr (PLP)

ABDUL JABBAR alias ARBELO alias MOOSO and another — Applicants Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
2004-April-27
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2006 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties ABDUL JABBAR alias ARBELO alias MOOSO and another — Applicants Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2006 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2006 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2006 P Cr (PLP) (ABDUL JABBAR alias ARBELO alias MOOSO and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Headnotes / Summary

S. 497

Penal Code (XLV of 1860), Ss.324, 353, 397, 427, 147, 148 & 149

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)

Bail, grant of

Notwithstanding the fact that incident of highway dacoity took place, but subsequent proceedings were not free from doubt and consequently, accused, who were entitled to benefit of doubt even at bail stage, were granted bail, in circumstances.

Judgment & Decree

MUHAMMAD MUJEEBULLAH SIDDIQUI, J.

By this order I intend to dispose of two bail applications submitted on behalf of the applicants in Crime No.4 of 2003, Police Station Batho Forest, under sections 324, 353, 147, 148, 149, P.P.C. and Crime No.37 of 2003, Police Station Saeedabad, under sections 397 and 427, P.P.C. read with section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. Briefly stated the prosecution case is that a highway dacoity/ Haraba was committed in a bus plying between Nawabshah and Saeedabad. The matter was reported to Police Station Saeedabad. Saeedabad Police chased the culprits and thereafter an encounter took place in which several hundred shots were fired by the police party. The present applicants are stated to have taken protection on Mango tree and they fell from Mango tree without sustaining any injury. According to Mashirnama not a single empty of the bullets out of several hundreds fired by the police, has been recovered. The Investigating Officer was called upon to furnish explanation in this behalf. An explanation has been furnished to the effect that the land was muddy and there are lot of Mango leaves on the ground and therefore, not a single empty could be recovered. The learned State Counsel have conceded that the explanation is not satisfactory. Notwithstanding the fact that the incident of highway dacoity took place but the subsequent proceedings are not free from doubt and consequently the applicants who are entitled to the benefit of doubt even at the bail stage are granted bail in the sum of Rs.50,000 (fifty thousand) each, in each case, and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./A-56/K??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.