2009 PLP 1236 (YLR)
SHAUKAT ALI KHAN — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 1236 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Salman Ansari, J |
| Parties | SHAUKAT ALI KHAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1236 (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 2009 PLP 1236 (YLR)?
The case was heard and decided by the Karachi bench comprising: Salman Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1236 (YLR) (SHAUKAT ALI KHAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.302/34
Accused was arrested after about 8 months of recovery of dead body of the deceased, while the recovery of the alleged crime weapon was shown after arrest of accused, without any witness of the incident
Investigating Officer conducted inquiry without any witness of the incident, which was found to be a criminal act by the Magistrate for his tampering with the court's documents, being an act of gross misconduct and liable to be prosecuted under the law
When the arrest of accused was also one which did not inspire confidence, case was of further inquiry
Accused was admitted to bail, in circumstances. Kanwar Aftab Bhatti for Applicant. Ms. Akhtar Rehana, Addl. P.-G. for the State.
Judgment & Decree
SALMAN ANSARI, J.
This bail application has been moved on behalf of applicant/accused Shaukat Ali. The brief facts of the case are that on 17-3-2008 at about 0730 hours a dead body was recovered by the Maripur Police in the bushes near Habko Road, Katcha Area, within the jurisdiction of Maripur Police Station, hence a case being F.I.R. No.67 of 2008 was registered against unknown accused, according to the Investigating Officer, during petrol duty on 14/15-11-2008 the applicant/accused Shaukat Ali was found in suspicious condition and on interrogation he disclosed that he had killed deceased Baksh, as he was on illicit relations with the daughter of the applicant/accused. His bail application was rejected by the learned trial court. It is argued that it is an unseen incident and the accused had been arrested on 4-11-2008 and not on 14/15-11-2008 as shown in the challan and the learned Magistrate had taken notice of the tampering of the previous I.O. and had passed an order on 19-11-2008 for proceeding to lodge F.I.R. against the said Investigating Officer, the weapon has been foisted upon the applicant/accused and there is no evidence to connect the applicant/accused with the crime, hence bail be granted. The learned counsel has opposed the bail application. In this case dead body of the deceased was recovered on 17-3-2008 and the applicant/accused to have been arrested on 14/15-11-2008, which has been belied by the learned Magistrate by his order dated 19-11-2008, whereby it was observed that the accused was arrested on 4-11-2008 while the recovery of the alleged crime weapon is shown after his arrest by the I.O. on 14/15 hence without any witness of the incident and the Investigating Officer conducting an investigation that was found to be a criminal act by the learned Magistrate for his tampering with the Court's documents being an act of gross misconduct and liable to be prosecuted under the law. Under such circumstances, where the arrest of the accused is also one which does not inspire any confidence, I find it is a case of further inquiry hence I allow the bail application of the applicant/ accused Shaukat Ali, he be released on bail on his furnishing surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction the trial court. H.B.T./S-38/K Bail granted.