2001 PLP 582 (MLD)
JALAL alias MUHAMMAD NAWAZ and another‑‑‑Applicants Versus THE STATE-‑‑Respondent
| Citation | 2001 PLP 582 (MLD) |
| Forum / Court | Karachi ` |
| Bench Members | Muhammad Mujeebullah Siddiqui, J |
| Parties | JALAL alias MUHAMMAD NAWAZ and another‑‑‑Applicants Versus THE STATE-‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 582 (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 2001 PLP 582 (MLD)?
The case was heard and decided by the Karachi ` bench comprising: Muhammad Mujeebullah Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 582 (MLD) (JALAL alias MUHAMMAD NAWAZ and another‑‑‑Applicants Versus THE STATE-‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑Ss. 497, 154 & 161‑‑‑Penal Code (XLV of 1860), S.337‑A(i)/337‑F(i) & (iii)‑‑‑Bail, grant of‑‑‑Victim and the complainant had not implicated the accused for the offence of sodomy‑‑‑Mere opinion of the Medical Officer that the act of sodomy had been committed on the victim was not sufficient to implicate the accused in the commission of the said, offence‑‑‑Accused were admitted to bail in circumstances. Khadim Hussain Solangi for Applicants. Muhammad Azeem Panwhar, A.‑A.G. for the State.
Judgment & Decree
Criminal Bail Application No.638 and Miscellaneous Application No. 1781 of 2000, decided on 23rd November, 2000. ‑‑‑‑Ss. 497, 154 & 161‑‑‑Penal Code (XLV of 1860), S.337‑A(i)/337‑F(i) & (iii)‑‑‑Bail, grant of‑‑‑Victim and the complainant had not implicated the accused for the offence of sodomy‑‑‑Mere opinion of the Medical Officer that the act of sodomy had been committed on the victim was not sufficient to implicate the accused in the commission of the said, offence‑‑‑Accused were admitted to bail in circumstances. Khadim Hussain Solangi for Applicants. Muhammad Azeem Panwhar, A.‑A.G. for the State. Heard Mr. Khadim Hussain Solangi learned counsel for applicants/accused Jalal alias Muhammad Nawaz son of Ali Sher and Manzoor son of Sultan and Mr. Muhammad Azeem Panwhar learned A.A.‑G. for the State. The learned ‑Additional Sessions Judge, Sehwan has rejected the bail application for the reason that there is allegation of commission of sodomy by the applicants with victim Muhammad Moosa. The learned counsel for the applicants has taken me through the contents of F.I.R. that there was no allegation of commission of sodomy in the F.I.R. and the sole evidence is of the medical certificate. Mr. Muhammad Azeem Panwhar has stated that there was no allegation of commission of sodomy by the applicants in the F.I.R. and in 161, Cr.P.C. statements of the witnesses including the victim. I am of the opinion that mere opinion of the medical officer that act of sodomy was committed on the victim Muhammad Moosa is not sufficient to implicate the applicants in the commission of offence because the victim and complainant have not implicated the accused persons for the said offence. In these circumstances it is a fit case for bail and consequently both the applicants are granted bail in the sum of Rs.50,000 each on furnishing solvent surety by each applicant and execution P.R. Bond the like amount, to the satisfaction of the Trial Court. N.H.Q./J/18/K Bail allowed.