2007 PLP 1144 (YLR)
ALI AHMED — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 1144 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Athar Saeed, J |
| Parties | ALI AHMED — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1144 (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 2007 PLP 1144 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Athar Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1144 (YLR) (ALI AHMED — 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.392 & 397
Trial Court while rejecting bail application of accused did not record any reason for the rejection except that accused had been arrested at the spot and recovery of cash of Rs.300 was made from him
Challan showed that offences fell under Ss.392 & 397, P.P.C., which offences did not fall under prohibitory clause of S.497, Cr.P.C.
Bail was granted to accused, in circumstances. Muhammad Yaseen for Applicant. Agha Zafir A.A.-G. for the State.
Judgment & Decree
MUHAMMAD ATHAR SAEED, J.
This criminal bail application has been filed against the order of learned 3rd Additional Sessions Judge, Karachi West dated 4-5-2006 wherein she had dismissed the bail application of the applicant. Brief facts of the case are that F.I.R. No.350 of 2004 was registered in S.I.T.E. (West) Police Station by complainant Abdul Manna that at about 0015 hours on 15-10-2004, three boys had robbed Rs.600 from his pocket and tried to escape. He had, however, apprehended one of the boys i.e. the applicant at the spot and recovered Rs.300 from him. While the other two culprits ran away. The applicant has been in jail since 15-10-2004. The learned counsel for the applicant has submitted that the order passed by the learned Additional Sessions Judge in non-speaking order and she has not considered that the prosecution has failed to proceed with the case and produce even one single witness before the trial Court and the applicant has been in custody for more than one and a half years. He has prayed for the release of the applicant on bail. Learned State Counsel has not' seriously opposed the bail application. I have examined the order of learned Additional Sessions Judge and found that she has not recorded any reason for rejecting the bail except that the applicant had been arrested at the spot and recovery of cash of Rs.300 was made from him. In the challan offences have been shown as falling under sections 392/397, P.P.C. These offences do not fall under prohibitory clause of section 497, Cr.P.C. I had, therefore, vide a short order dated 4-7-2006' allowed the bail application and directed the release of the applicant on bail subject to furnishing surety in the sum of Rs.10,000 and personal bond in the like amount to the satisfaction of the trial Court. These are the reasons for the above short order. H.B.T./A-24/K??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.