2009 P Cr (PLP)
IMAM BUX — Applicant Versus THE STATE — Respondent
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | IMAM BUX — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 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 2009 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 P Cr (PLP) (IMAM BUX — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302/201/147/148
No direct ocular evidence was available against the accused
Dead body of deceased was found later on and the name of accused along with co-accused was given in suspicion
Co-accused whose case was almost identical to that of accused, had already been granted bail
Accused would be entitled to concession of bail in view of rule of consistency
State counsel had conceded to grant of bail to accused as co-accused had been granted bail
Judgment & Decree
ABDUR RAHMAN FARUQ PIRZADA, J.
This is a bail application on behalf of applicant Imam Bux in the case vide Crime No.100 of 2005, Police Station Padidan for offence under sections 302, 201, 147, 148, P.P.C. The bail application of applicant was rejected by learned Sessions Judge, Naushero Feroze vide order, dated 24-9-2008. As per F.I.R. lodged by complainant Ali Sher at Police Station Padidan on 17-12-2005, there is last-seen evidence against co-accused persons namely Sajjad Lashari, Hidayatullah Pajpers and two unidentified persons, who had allegedly taken away deceased Muhammad Hayat with themselves for the purpose of Faisla between present applicant and Muhammad Hayat. Previously there was exchange of hot words between applicant and Muhammad Hayat over the matter of business of buffaloes. Learned counsel for applicant has submitted that co-accused Sajjan, who is placed on identical footings to that of applicant, has been granted bail by this Court vide order, dated 19-9-2008. The applicant is confined in jail since last nearly three years. Complainant Ali Sher, and P.Ws. Muhammad Saffar and Raja Khan have been examined before learned trial Court and all of them have not supported the prosecution case. Learned State Counsel. has conceded to the grant of bail to applicant, as co-accused Sajjan has been granted bail by this Court. It appears that there is no direct ocular evidence against applicant. The dead body of deceased Muhammad Hayat was allegedly found later on, and apparently the name of applicant along with co-accused was given in suspicion. Co-accused Sajjan, whose case is almost identical to that of applicant, has already been granted bail 6y this Court. As such, keeping in view the rule of consistency, the applicant would be entitled to concession of bail. Accordingly this bail application is allowed, and the applicant may be released on bail subject to furnishing solvent surety in the sum of Rs.1,00,000 (one lac) and P.R. bond in the like amount to the satisfaction of learned trial Court. H.B.T./I-1/K Bail granted.