2006 PLP 1580 (YLR)
MUHAMMAD YOUSIF and another — Applicants Versus THE STATE — Respondent
| Citation | 2006 PLP 1580 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Shamsuddin Hisbani, J |
| Parties | MUHAMMAD YOUSIF 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 2006 PLP 1580 (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 1580 (YLR)?
The case was heard and decided by the Karachi bench comprising: Shamsuddin Hisbani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1580 (YLR) (MUHAMMAD YOUSIF 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. 497(2)
Penal Code (XLV of 1860), Ss.324, 337-F(i), 337-A(i), 504, 147, 148, 149 & 114
Allegations of general nature were levelled against six persons nominated in F.Z.R. to the effect that they had launched attack and inflicted injuries on complainant party
Final medical certificate had reflected that none of the injured sustained injury on vital part of the body
Case against accused needed further inquiry into their guilt
Co-accused having been granted pre-arrest bail by the Trial Court, in view of rule of consistency, accused were also entitled to be released on bail during pendency of the trial
Accused, were admitted to bail, accordingly. Syed Madad Ali Shah for Applicants. Mumtaz Alam Leghari for the State.
Judgment & Decree
SHAMSUDDIN HISBANI, J.--Being involved in Crime No.121 of 2005, Police Station, Hala under sections 324, 337-F(i), 337-A(i), 504, 147, 148, 149 and 114, P.P.C., they moved for grant of bail before the learned 2nd Additional Sessions Judge, Hyderabad. The bail plea of the applicants was not accepted by the learned trial Court and they were declined bail. It has been contended by learned counsel for the applicants that co-accused Dhani Bux and Ali Hassan have been granted pre-arrest bail by the trial Court under similar circumstances; that the allegations against the applicants were of general nature and section 324, P.P.C. has been misapplied by the police. According to him, the allegations against the applicants need further inquiry into their guilt and it has to be determined at the trial as to which of the accused caused specific injury to the injured persons. Learned State counsel opposed the grant of bail to the applicants on the ground that their names appeared in the F.I.R. As many as six persons have been nominated in the F.I.R. and there are allegations of general nature against them to have launched attack inflicted injuries to complainant party. The final medical certificate has been received by learned State counsel in respect of 5 injured persons which reflects that none of the injured sustained injury on vital part of the body. The case against the applicants needs further inquiry into their guilt and keeping in view the rule of consistency they are entitled to be released on bail during pendency of the trial. The applicants Muhammad Yousif Bhatti and Haji Arnir Bux are granted bail subject to their furnishing surety in the sum of Rs.50,000 each and P.R. bond in the like amount to the satisfaction of learned trial Court. The bail application stands disposed of. H.B.T./M-48/K Bail granted.