2001 P Cr (PLP)
MASHOOQUE‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | S. Ahmed Sarwana, J |
| Parties | MASHOOQUE‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: S. Ahmed Sarwana, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (MASHOOQUE‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑‑Accused had been in, custody for more than two years‑‑‑Contention that the manner in which the accused was alleged to have killed two persons had shown, the accused as hardened, desperate or dangerous criminal, was repelled as the phrase "hardened, desperate or dangerous criminal" appearing in fourth proviso to S.497(l), Cr.P.C. had used the word "criminal" and not "person "‑‑‑Trial being still in progress, the accused would be presumed to be innocent until he was convicted by the Court‑‑‑Application for grant of bail on the ground of statutory delay was allowed. Asif Ali Abdul Razak Soomro for Applicant. Ghulam Hyder Baloch for the Complainant. Ali Azhar Tunio, A.A.G. for the State.
Judgment & Decree
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Bail, grant of‑‑Accused had been in, custody for more than two years‑‑‑Contention that the manner in which the accused was alleged to have killed two persons had shown, the accused as hardened, desperate or dangerous criminal, was repelled as the phrase "hardened, desperate or dangerous criminal" appearing in fourth proviso to S.497(l), Cr.P.C. had used the word "criminal" and not "person "‑‑‑Trial being still in progress, the accused would be presumed to be innocent until he was convicted by the Court‑‑‑Application for grant of bail on the ground of statutory delay was allowed. Asif Ali Abdul Razak Soomro for Applicant. Ghulam Hyder Baloch for the Complainant. Ali Azhar Tunio, A.A.G. for the State. The applicant/accused .who was arrested on 8‑8‑1997 is undergoing trial for an offence under section 302, P.P.C. in Crime No.155 of 1997 of Police Station Kambar. The applicant has moved this bail application on the ground of statutory delay asserting that the delay in the conclusion of the trial has not been caused on account of his conduct. This is, however, opposed by Mr. Ghulam Hyder Baloch, learned counsel for the complainant who states that the accused had obtained two adjournments and the applicant/accused is a hardened, desperate or dangerous criminal which is, evident from the fact that he killed two persons by shooting them in the head. The applicant has been in custody for a period of two years four months and 9 days till today. If 42 days are deducted which were the result of two adjournments taken by the applicant the period of custody is still over two years. The argument of learned counsel that the manner in which the accused is alleged to have killed two persons shows that he is a hardened, desperate or dangerous criminal does not take into the account the fact that the phrase "hardened, desperate or dangerous criminal" uses the word criminal and not "person". The trial is still in progress and he is presumed to be innocent until he is convicted by the Court. In view of this position, the application for grant of bail on the ground of statutory delay is allowed and the accused is directed to be released on bail on furnishing surety in the sum of Rs.2,00,000 (two lakhs) with a P.R. Bond in the like amount to the satisfaction of the trial Court: H.B.T./M‑129/K Bail granted.