2007 P Cr (PLP)
KHAN MUHAMMAD alias KHANO — Applicant Versus THE STATE — Respondent
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | KHAN MUHAMMAD alias KHANO — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 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 2007 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: 2007 P Cr (PLP) (KHAN MUHAMMAD alias KHANO — Applicant 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.324 & 353/34
Accused was arrested from the deserted locality at a time when dacoits attacked in shape of a gang
Accused had been arrested in presence of independent witnesses of the locality when he was with another member of the gang who received bullet injuries and died at the spot
Prima facie, sufficient material was available on record to connect accused with the commission of alleged offence
Bail application was dismissed, in circumstances.
Judgment & Decree
ZIA PERWEZ, J.
Applicant Khan Muhammad alias Khano is facing trial for an offence under sections 324, 353, 34, P.P.C. registered under F.I.R. No.119 of 2004 of Police Station Gadap Malin, Karachi; seeks bail.
2. Brief facts of the prosecution case are that the complainant along with other police personnel received spy information on wireless during patrolling, that Rasheed Dacoit along with his companions, entered into Dur Muhammad village and are making firing. The complainant along with other police officials reached at Dur Muhammad Village at 0215 hours, where the dacoits started firing on the police. The police also made firing in self-defence and succeeded to apprehend two accused persons, who disclosed their names Noor Muhammad and Khan Muhammad alias Khano, from whose possession one kalashnikov along with empty magazine and one unlicensed pistol were recovered. 'The police also recovered one kalashnikov along with 8 bullets, four gallons of Katchi liquor. The accused persons disclosed the names of their accomplices who escaped as Shahid, Imran and four unknown persons.
3. Heard learned counsel and perused the record. Contention of learned counsel for the applicant is that the applicant was arrested without any involvement: 'There is no eye-witness and no recovery has been effected from his possession and no specific role has been assigned to him.
4. The application is opposed by .the State Counsel on the ground that the applicant .was. apprehended on the spot at the time when the dacoits attacked at the village. He is member of the gang.
5. The applicant was arrested from the deserted location at a time when the dacoits attacked in shape or a gang. He has been arrested in presence of independent witnesses of the locality. He was with another member of .the gang who received bullet injuries and died on the spot. There is sufficient prima facie material available or record to connect the applicant with commission of alleged offence. No ground attracting) prohibitory clause of section 497, Cr.P.C. is made out.
6. Under the circumstances, this bail application is dismissed. H.B.T./K-28/K??????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.