2006 PLP 1378 (YLR)
ALLAM KHAN — Applicant Versus THE STATE — Respondent
| Citation | 2006 PLP 1378 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Sadiq Leghari and Nadeem Azhar Siddiqui, JJ |
| Parties | ALLAM KHAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1378 (YLR)?
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 PLP 1378 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Sadiq Leghari and Nadeem Azhar Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1378 (YLR) (ALLAM KHAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 427, 404, 148 & 149---Bail, grant of---Co-accused had been released on bail on the ground of inordinate delay/hardship---Accused deserved bail on principle of consistency---Compromise had been arrived at between the parties---Complainant's counsel and Assistant Advocate General also had expressed that accused deserved concession on ground of consistency---Accused was admitted to bail, in circumstances.
- Complainant's Advocate Mr. Asif Ali Abdul Razak Soomro and Mr. Mushtaque Ahmed Abassi learned Assistant A.-G. also expressed that the applicant does deserve the concession on the ground of consistency.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302, 324, 427, 404, 148 & 149
Co-accused had been released on bail on the ground of inordinate delay/hardship
Accused deserved bail on principle of consistency
Compromise had been arrived at between the parties
Complainant's counsel and Assistant Advocate General also had expressed that accused deserved concession on ground of consistency
Accused was admitted to bail, in circumstances. Muhammad Ayaz Soomro for Applicant. Asif Ali and Abdul Razak Soomro for the Complainant. Mushtaque Ahmed Abbasi Asstt.A.-G. for the State.
Judgment & Decree
MUHAMMAD SADIQ LEGHARI, J.
Applicant Allam Khan together with 11 others including Ali Hassan is facing trial on the charge of murder of five persons namely Haji Ghulam Muhammad Lashari, Gul Bahar, Muhammad Juman, Ahmed, Dilshad and attempt on the life of Ghulam Hussain injured. The incident happened on 1-4-2000 and F.I.R. was registered on the same date as Crime No.32 of 2000, P.S. Taluka Larkana for offences under sections 302, 324, 427, 404, 148 and 149, P.P.C. The applicant was .arrested on 24-4-2000 and is in Jail since then. The report about the progress in trial is that only examination-in-chief of complainant Zulfiqar has been recorded till now. The bail is sought on the principle of consistency. Mr. Muhammad Ayaz Soomro appearing for the applicant states that Ali Hassan co-accused of applicant Allam Khan who was arrested on 3-5-2000 was released on bail by this Court vide order dated 18-8-2005 in Criminal Bail Application No.D-195 of 2005 on the ground of inordinate delay/hardship. Additionally it has been argued that one development has taken place as the parties have compromised and they are going to file necessary application for permission to compound the offence in the trial Court shortly. As regards the fact about the compromise complainant Zulfiqar is present and confirms that position. It is a fact that the applicants co-accused Ali Hassan has been granted bail by this Court vide order dated 18-8-2005. The applicant was arrested few days before the arrest of said Ali Hassan therefore he too deserves the same treatment in the light of the principle of consistency. Complainant's Advocate Mr. Asif Ali Abdul Razak Soomro and Mr. Mushtaque Ahmed Abassi learned Assistant A.-G. also expressed that the applicant does deserve the concession on the ground of consistency. Bail is granted to the applicant. He shall be released on furnishing surety in the sum of Rs.2,00,000 (Rupees Two Lacs) A with P.R. bond in the like amount to the satisfaction of the learned trial Court. H.B.T./A-54/K Bail granted.