2005 PLP 285(1) (YLR)
MUHAMMAD YOUNIS and another — Applicants Versus THE STATE — Respondent
| Citation | 2005 PLP 285(1) (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam, J |
| Parties | MUHAMMAD YOUNIS 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 2005 PLP 285(1) (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 2005 PLP 285(1) (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 285(1) (YLR) (MUHAMMAD YOUNIS and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.498
Penal Code (XLV of 1860), S.382
Pre-arrest bail, grant and confirmation of
Dispute between complainant and accused was outcome of civil litigation in respect of fish contract and suit in that respect was still pending-- Alleged quantity of fish was two mounds, which was also not recovered
Person who was not named in F. I. R., was arrested and one fish net was recovered from him
No identification of vehicle was given in F.I.R.
Pre-arrest bail, extended to accused was confirmed on the same terms and conditions. Azizullah Buriro for Applicants. Naimtullah Bhurgari for the State.
Judgment & Decree
Cr. B.A. No.622 of 2004, decided on 27th September, 2004.
S.498
Penal Code (XLV of 1860), S.382
Pre-arrest bail, grant and confirmation of
Dispute between complainant and accused was outcome of civil litigation in respect of fish contract and suit in that respect was still pending-- Alleged quantity of fish was two mounds, which was also not recovered
Person who was not named in F. I. R., was arrested and one fish net was recovered from him
No identification of vehicle was given in F.I.R.
Pre-arrest bail, extended to accused was confirmed on the same terms and conditions. Azizullah Buriro for Applicants. Naimtullah Bhurgari for the State. Present applicants Muhammad Younis and Muhammad Saffar in Crl. Bail Application No.622 of 2004 claim bail for an offence under section 382, P.P.C. The allegation against nominated accused appears to be that they have taken away the fish of the complainant party by show of force. It was contended by the learned counsel for the applicants that the present dispute is outcome of civil litigation in respect of fish contract. He has placed on record copy of F.C. Suit No.47 of 2004 filed by Muhammad Younis (applicant No. 1 herein) against the official defendants challenging the re-auction of the water leased out to applicant No. 1 which suit is stated to be still pending. Learned State counsel contends that the alleged quantity of the fish is two maunds, though it was not recovered, thereafter Dadan was arrested and one fish net was recovered. He concedes that Dadan is not named in the F.I.R. nor there is any identification of the vehicle given in the F.I.R. Dadan was apprehended on 3-9-2004. Apparently there is no connecting link between Dadan's Jeep and the present applicant. In this view of the facts applicant Muhammad Younis and Muhammad Saffar who were extended pre-arrest bail on 20-9-2004, the same is confirmed on the same terms and conditions. H.B.T./M-145/K Pre-arrest bail confirmed.