PCRLJ 2003

2003 P Cr (PLP)

ABBAS and Another‑‑‑Applicants Versus THE STATE‑‑‑Opponent

Jurisdiction / Court
Karachi
Decided Date
Criminal Bail Application No.517 of 2002, decided on 4th October, 2002.
Honorable Judges
Zahid Kurban Alvi, J
Case Reference Summary (AEO Optimized)
Citation 2003 P Cr (PLP)
Forum / Court Karachi
Bench Members Zahid Kurban Alvi, J
Parties ABBAS and Another‑‑‑Applicants Versus THE STATE‑‑‑Opponent
Primary Law Criminal Procedure Code (V of 1898)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2003 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 2003 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: Zahid Kurban Alvi, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2003 P Cr (PLP) (ABBAS and Another‑‑‑Applicants Versus THE STATE‑‑‑Opponent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑‑

Headnotes / Summary

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Bail, grant of‑‑ Accused could not make out a case for grant of bail as F.I.R. had clearly shown that two men/accused persons, got down from their motorcycle and fired straight at the victim‑‑‑Accused might have come with intention to kill, but victim fortunately had merely received injuries‑‑‑Bail was declined in circumstances. Shafi Muhammad Memon for Applicants. Ali Azhar Tunio, Asstt. A.‑G. for the State.

Judgment & Decree

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Bail, grant of‑‑ Accused could not make out a case for grant of bail as F.I.R. had clearly shown that two men/accused persons, got down from their motorcycle and fired straight at the victim‑‑‑Accused might have come with intention to kill, but victim fortunately had merely received injuries‑‑‑Bail was declined in circumstances. Shafi Muhammad Memon for Applicants. Ali Azhar Tunio, Asstt. A.‑G. for the State. This application has been moved for bail in connection with Crime No.28 of 2002 registered at Police Station Khairpur Nathan Shah under sections 324 and 34, P.P.C. It is claimed by the applicant that the incident seems to have occurred on 28th February, 2002 and the time of reporting is 2/3‑3‑2002. It seems that Abbas and Soomar and a third person supposed to be son of Qurban Mehrani came on the motorcycle and took out pistols and within our sight all three accused gave Hakal to Asif, the complainant's nephew and shot at him and then ran away. Challan had been submitted. A bail application was filed before the Sessions Judge, Dadu in respect of all the three accused. The bail of Abbas and Soomar was not granted whereas the bail of Atta Muhammad was granted. The reason for granting the bail to Atta Muhammad was his name was not mentioned in the F.I.R. Whilst the counsel for State has opposed the grant of bail, the counsel for the applicant has urged that bail should be available to the two applicants as there was the delay of three days in the registration of F. I. R. It was an incident that took place in the heart of the town and yet nobody was confronted as an independent witness. The other grounds taken are general. I do not feel that the applicant has made out a case for the grant of bail as the F.I.R. clearly shows that the two men got down and fired straight at Asif. Perhaps they might have come with the intention to kill but the said Asif merely receives injuries fortunately. Application stands dismissed. H.B.T./A‑286/K Bail application dismissed.