2005 PLP 577 (MLD)
GHULAM ALI ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 577 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Wahid Bux Brohi, J |
| Parties | GHULAM ALI ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 577 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 577 (MLD)?
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: 2005 PLP 577 (MLD) (GHULAM ALI ‑‑‑ 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.324/337‑H(2)/353/148/149‑‑ Bail, grant of‑‑‑Butt of Klashnikov was given to police official by co- accused and not by accused‑‑‑Only allegation against accused was that official rifle was secured from him‑‑‑Case of dacoity registered in respect of snatching of nine fire‑arms was being proceeded against accused separately‑‑‑Other co‑accused were granted bail‑‑‑Accused remained in custody for a period of about one year during which trial had made absolutely no progress‑‑‑Allegation of injury, was also not made against accused‑‑‑Accused, in circumstances deserved concession of bail and he was granted bail accordingly. Ubedullah M. Abro for Applicant. Mushtaq Ahmed Kourejo for the State.
Judgment & Decree
Ubedullah M. Abro for Applicant. Mushtaq Ahmed Kourejo for the State. The applicant and three others had earlier applied for bail, but the applicant's bail plea was withdrawn, while' the others were granted by this Court on 19‑1‑2004. The applicant has again applied for bail on merits since the previous application was decided without touching the merits of the case. I have heard Mr. Ubedullah Abro, learned counsel for the applicant and Mr. Mushtaq Ahmed Kourejo, learned State counsel. The allegation as per F.I.R. are that n 5-8-2003 at 5‑30 a.m. SIP Abdul Majeed S.H.O. Police Station Chak and his party conducted raid at the house of Shah Nawaz Jatoi and o hers where they met with resistance and found Peroz. Ali Nawaz, Dilmurad. Muhammad Nawaz, Ghulam Ali (present applicant), Shah Nawaz, Lashkari, Rasheed and Khalikoo, all armed with fire‑arms. According to the F.I.R., the culprits opened fire at the police party with intention to kill them. Accused Shah Nawaz however, gave a blow to HC Ranjhan with the Butt of Klashnikov. The police however, succeeded in Apprehending all of them and secured the official rifle from Ghulam Ali which was previously snatched from PC Bakhsh Ali during the commission of offence of dacoity sand encounter with police as per F.I.R. No.44 of 2003 dated 22-6‑2003 of the same police station. Fire‑arms were secured from others also. As is evident from the facts of the case, the Butt blow was given by co‑accused and not by the applicant; and the only allegation against the applicant is that the official Rifle was secured from him. It is alleged that a case of dacoity has been registered in respect of snatching of 9 fire‑arms, which is being proceeded with separately. Instantly, the case relates to recovery of official Rifle from the present applicant. The other co-accused were granted bail as the then learned counsel for the State conceded to the same. As far the present applicant is concerned, he has remained in custody for a period of about one year and the trial has also made absolutely no progress. The allegation of injury is also not alleged against the applicant. Under the circumstances, the applicant deserves concession of bail. In consequence of the above, the application is allowed. The applicant be released on furnishing of solvent surety in the sum of Rs. Two hundred thousand and executing P.R. bond in the like amount, to the satisfaction of trial Court. H.B.T./G-41/K Bail granted.