1995 P Cr (PLP)
ALI NAWAZ — Applicant Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ALI NAWAZ — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1995 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 1995 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: 1995 P Cr (PLP) (ALI NAWAZ — 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), S.307/511/120-B/121/121-A-- Prevention of Anti-National Activities Act (VII of 1974), S.13
Bail, grant of-- Prosecution had opposed the grant of bail on the ground that the accused was an absconder and proceedings under S. 97/88, Cr.P.C. had been ordered to be taken against him
Rule regarding refusal of bail to an absconder was not an absolute rule and exceptions could always be made depending upon the circumstances of the case
Bail had already been granted to co-accused in the case which was sufficient ground for making an exception to the said rule-- Accused was admitted to bail in circumstances.
Judgment & Decree
MAMOON KAZI, J.
It has, inter alia, been contended that bail has been granted either by the High Court or by the learned trial Court to the other co-accused in the case and their case is not distinguishable from that of the present accused. The only ground urged against grant of this bail application on behalf of the State by Mr. Abdul Ghafoor Mangi, learned A.A: G., is that the applicant was an absconder and proceedings under section 87/88, Cr.P.C. had also been ordered to be taken against him. However, in this regard Mr. Fareed Ahmed Dayo has placed reliance upon State v. Malik Mukhtar Ahmed Awan 1991 SCMR 322, wherein it was observed that the rule laid by the Supreme Court regarding refusal of bail to an absconder is not an absolute rule and exceptions can always be made, depending upon the circumstances of the case. In the present case since bail has already been granted to the co accused in this case, in our view, it is sufficient ground for making exception in the present case. Bail is, therefore, granted to the applicant in the sum of Rs. one lac with one surety for the like amount to the satisfaction of the Nazir of this II Court. N.H.Q./A-1534/K Bail allowed.