2008 PLP 185 (MLD)
MUHAMMAD ARIF BAIG — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 185 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD ARIF BAIG — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 185 (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 2008 PLP 185 (MLD)?
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: 2008 PLP 185 (MLD) (MUHAMMAD ARIF BAIG — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497
Explosive Substances Act (VI of 1908), Ss.4 & 5
Hand-grenade secured from the possession of accused was examined by Bomb Disposal Inspector, but his report was not available on record to suggest whether same was in serviceable condition or not
Accused was behind the bars for the last nineteen months but even charge had not been framed by the trial Court nor there was any likelihood of conclusion of trial in near future
Judgment & Decree
Mrs. QAISER IQBAL, J.
Applicant Muhammad Arif Baig son of Saeed Baig has applied for post-arrest bail in Crime No.230/2006, under sections 4/5 of Explosive Act registered at Police Station Pak Colony, Karachi. Succinctly, facts leading to the case are that applicant was arrested on 9-12-.2006 after police encounter, one hand-grenade was recovered from his possession in presence of Head Constable Muhammad Hussain and Police Constable Ali Dost. Consequent thereupon, F.I.R. No.229/06, under sections 353/324/34, P.P.C. was registered beside F.I.R. No.230/2006 under sections 4/5 of Explosive Act, upon completion of the investigation, the applicant was sent up to face trial. Mr. Muhammad Akbar Awan, learned counsel has contended that the applicant has been admitted on bail in Crime No.229/06, whereas the present F.I.R. is outshoot of the main case. It is urged that no evidence is available to connect the applicant as saboteur or saboteur nor expert report is available on police file. It is urged that in the absence of the report of Bomb Disposal Inspector to the effect whether the hand-grenade was in serviceable condition or not, case against the applicant requires further inquiry as contemplated by subsection-2 of section 497, Cr.P.C. Miss. Afsheen Aman, has vehemently opposed the plea raised on behalf of the applicant contended that the applicant is not entitled to concession of bail. It transpires that the applicant was enlarged on bail in the main case, present case is outshoot of the Crime No.229/06, it also transpires that hand-grenade secured from possession of the applicant was examined by Bomb Disposal Inspector, his report is not available on record' to suggest whether the same was in serviceable condition or not. Applicant is behind the bars from the last nineteen months even charge has not been framed by the trial Court nor there is any likelihood of conclusion of trial in near future. In view of the above facts and circumstances, applicant Muhammad Arif is hereby admitted on bail, subject to furnishing solvent 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. H.B.T./M-164/K Bail granted.