2006 PLP 3212 (YLR)
MUHAMMAD SADIQ and 2 others — Applicants Versus THE STATE — Respondent
| Citation | 2006 PLP 3212 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Moosa K. Leghari, J |
| Parties | MUHAMMAD SADIQ and 2 others — 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 3212 (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 3212 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Moosa K. Leghari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 3212 (YLR) (MUHAMMAD SADIQ and 2 others — 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)
Sixteen persons had been nominated in the F.I.R. but names of two accused did not appear therein
Said two accused persons had been implicated subsequently on the basis of identification parade which was said to have taken plate after seven days of their arrest
Role assigned to one accused was that of instigation, which was required to be proved through positive evidence at the trial
Other two accused persons were the sons of one accused, but they could not be identified by the complainant
Case of accused persons, in the circumstances called for further inquiry entitling them to concession of bail
Accused were directed to be released on bail, in circumstances. Abdul Sattar Kazi for Applicants. Rasheed Ahmed Qureshi, Assistant A.-G. Sindh for the State.
Judgment & Decree
MUHAMMAD MOOSA K. LEGHARI, J.
The bail is pressed on the ground that the role assigned to the applicant Muhammad Sadiq is only that of instigation whereas applicants Abdul Khaliq and Abdul. Sattar are not named in the F.I.R. though the F.I.R. contains the names of as many as sixteen accused persons. Learned A.A.-G. has though opposed the grant of bail but has not been able to controvert the above position. The contentions raised have been considered and the material placed on the record has been perused. In the F.I.R. sixteen persons have been nominated but the names of applicants Nos.2 and 3 do not transpire therein. They have been implicated subsequently on the basis of identification parade which is said to have taken place after seven days of their arrest. The role assigned to applicant Muhammad Sadiq is that of instigation, which is required to be proved through positive evidence at the trial. Admittedly the applicants Nos.2 and 3 are the sons of applicant No.1 Muhammad Sadiq yet they could not be identified by the complainant. The case of the applicants in the circumstances calls for further inquiry entitling them to the concession of bail. Applicants are accordingly directed to be released on bail on furnishing solvent surety in the sum of Rs.1,00,000 (One Lac) each and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./M-129/K Bail granted.