2002 P Cr (PLP)
SARWAR — Applicant Versus THE STATE — Respondent
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SARWAR — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 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: 2002 P Cr (PLP) (SARWAR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302/365/147/148/149-- Bail
Three co-accused in the case had been acquitted by Trial Court under S.265-K, Cr.P.C. for lack, of evidence
Allegation against accused was that he was present in the cell where five persons were brought and killed
No new evidence had been brought against the accused on the record
Guilt of accused called for further inquiry in circumstances and he was released on bail accordingly.
Judgment & Decree
Applicant Sarwar has sought bail in a case registered at Police Station Saeedabad for an offence punishable under sections 302/365/147/148/149, P.P.C.
2. According to F.I.R., the complainant, namely S.H.O. Safdar Ali of Police Station Saeedabad was on patrol on 26-6-1995 when he received information that dead bodies were lying in four sacks in sector 4-E. He reached there and took necessary proceedings under section 174, Cr.P.C. and got the dead bodies identified. After completing formalities he lodged F.I.R. on behalf of State on the same day against unknown persons.
3. Learned counsel for applicant contended that main accused Arshad was arrested in this case and he made judicial confession wherein he disclosed the name of present applicant also but he (Arshad) has been acquitted by the trial Court under section 265-K, Cr.P.C. Further, another co-accused was granted bail during the trial whereas the case of present applicant is on a better footing. It was also contended that neither identification test parade was conducted in respect of the applicant nor any direct evidence was collected against him during the investigation. Mr. Fazalur Rehman learned State Counsel submitted that in view of the aforesaid stated circumstances the guilt of applicant calls for further enquiry.
4. The order, dated 12-9-1998 passed by-the learned trial Court shows that co-accused Arshad, Anwar and Shaukat were acquitted under section 265-K, Cr.P.C. as there was no evidence against them. The only allegation against the applicant is that he was present in the cell where five persons were brought and killed. Indeed, the entire evidence available with the prosecution was fully considered in the case against co-accused and it was found that there was no probability of their conviction, while there is no new evidence against the present applicant. I agree with learned counsel for the applicant and learned State Counsel that the guilt of present applicant calls for further enquiry.
5. For the foregoing reasons, the application is allowed and the applicant be released on furnishing surety in the sum of Rs.30,000 and executing P.R. Bond in the like amount to the satisfaction of trial Court. N.H.Q./S-142/K Bail allowed.