2011 PLP 1631 (YLR)
ABDUL REHMAN alias ABRI and another — Appellants Versus THE STATE — Respondent
| Citation | 2011 PLP 1631 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Faisal Arab and Abdul Hadi Khoso, JJ |
| Parties | ABDUL REHMAN alias ABRI and another — Appellants Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 PLP 1631 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1631 (YLR)?
The case was heard and decided by the Karachi bench comprising: Faisal Arab and Abdul Hadi Khoso, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1631 (YLR) (ABDUL REHMAN alias ABRI and another — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Madad Ali Shah for Appellants.
Headnotes / Summary
Ss. 302 & 394
Anti-Terrorism Act (XXVII of 1997), S.39-B(2)
Qatl-e-amd and voluntarily causing hurt in committing robbery
When the alleged incident of murder took place, only such cases were covered under Anti-Terrorism Act, 1997 wherein automatic and semi-automatic weapons were used
In the present case, pistol was used in the commission of the murder of the deceased
Matter, in circumstances, ought to have been transferred to the Sessions Court of the area for its trial
Case was remanded to the court of appropriate jurisdiction for its trial
Accused were in custody for about 11 years and 15 days
Period about 6 years remission had been granted to accused during the period when they were in custody, but, that period was not taken into consideration
Keeping in view the long sentence that accused had undergone and on the point of jurisdiction, the matter was referred back to the court having jurisdiction for trial
Bail was granted to accused, in circumstances. Ghazi Khan v. The State PLD 2003 Kar. 71 and PLD 2005 Kar. 18 ref. Muhammad Iqbal Kalhoro, A.P.-G. Sindh.
Judgment & Decree
The appellants were tried under sections 302, 394 P.P.C. in Crime No.11/99 of Police Station Jhok Sharif Thatta. However, during the pendency of the trial amendment in Anti-Terrorism Act, 1997 was brought about through Ordinance No.XXXIX of 2001, which took out offence of vehicle snatching out of the ambit of the offence covered under Anti-Terrorism Act, 1997. Hence all such cases in terms of section 39-B(2)(e) were to be transferred to the respective Courts of the Session of the area. This has been held in the case of "Ghazi Khan v. The State" reported PLD 2003 Karachi 71 and similar view has been taken in subsequent case reported in PLD 2005 Karachi
18. We have also noted that at the time of alleged incident of murder only such cases were covered under Anti-Terrorism Act, 1997 in which automatic and semi-automatic weapon are used. In the present case Pistol was used in the commission of the murder. Hence on both these grounds the matter ought has been transferred to the Sessions Court of the area for its trial. We, therefore, set aside the judgment and remand the case to the Court of appropriate jurisdiction for its trial. We are shown the Jail Roll which shows that appellants are in custody for about 11 years and 15 days. This period do not take into account remissions. Learned A.P.-G. upon inquiry states that a period about 6 years remission has been granted during the period when the appellants were in custody. Keeping in view the long sentence that the appellants have undergone and on the point of jurisdiction the matter is to be referred back to the Court having jurisdiction for retrial, we therefore, grant bail to the appellants upon furnishing surety in the sum of Rs.200,000 (Rupees two lacs only) and P.R Bond in the like amount, to the satisfaction of trial Court. The trial Court shall conclude the trial within a period of one year. Criminal Special ATA Jail Appeal stands disposed of along with pending application. H.B.T./A-44/K Order accordingly.