1989 PLP 4648 (MLD)
MOHAMMAD IQBAL KHANZADA alias IQBAL AHMAD KHANZADA- Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 4648 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Abdul Rasool Agha, J |
| Parties | MOHAMMAD IQBAL KHANZADA alias IQBAL AHMAD KHANZADA- Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 4648 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4648 (MLD)?
The case was heard and decided by the Karachi bench comprising: Abdul Rasool Agha, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4648 (MLD) (MOHAMMAD IQBAL KHANZADA alias IQBAL AHMAD KHANZADA- Petitioner 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), S.307--Bail, grant of--Accused resorted to ineffective tiring--Nothing was recovered from the accused--No identification test was held--Bail granted in circumstances. 1988 P Cr. L J 304 and 1988 P Cr. L J 1254 ref. Muhammad Rafiq Khanzada for Applicant. A.G. Mangi A.A.-G. for the State.
Judgment & Decree
This is an application moved on behalf of Muhammad Iqbal Khanzada alias Iqbal Ahmad Khanzada who is apprehended pursuant to an F.I.R. No.197/87 registered at F.S. Shah Faisal Colony, Karachi on 2i-7-1987. The prosecution case as unfolded in the F.I.R is that between the night 20/21-7-1987 the complainant Abdul Rehman was sleeping on the roof of his residence when he heard the fire coming from Block No. 3 and the fire continued till morning. According to him the tiring came from the direction of one Iqbal Khan, Nazeer Shahid, Nadeem, Pappoo, Tahir and Mushtaq. In the F.I.R there is no allegation that any injury was caused to the complainant or any of his witness it was presumed that the firing was done with an intention to kill. Mr. Muhammad Rafiq Khanzada appearing for the applicant has contended that it is a case of ineffective firing and the Police Station was at a distance of only four (4) Furlongs but from 10-00 p.m. till 5-30 a.m. firing continued and F.I.R. has been lodged at 12-40 i.e. after the delay of 7-1/2 hours. Mr. Muhammad Rafiq Khanzada in support of his plea fo r bail has further contended that there is no specific part assigned to the applicant nor any recovery is made from him. He further contended that from 28-10-1988 when the applicant was arrested he was kept in police custody thereafter challaned in the Court and no identification test has been held. Mr. Abdul Ghafoor Mangi AA.-G. has appeared for the State and has not controverted the contention raised by the applicant's counsel, he has not opposed the grant of bail to the applicant. The learned counsel for applicant in support of his contention has relied on 1988 Pakistan Criminal Law Journal 304 and 1988 Pakistan Criminal Law Journal 1254. On consideration of submission made by the learned counsel and after going through the citations the case being one of the ineffective firing and there being no recovery I am inclined to extend the concession of bail to the applicant which is not opposed by the counsel for the State. The applicant is extended the benefit of concession of bail and I direct that he may be released on bail if he furnish surety in the sum of Rs.50,000 (Rupees Fifty thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court. The Criminal Bail Appln. No.1188/88 is granted as above. S.A./M-945/L Bail granted.