1985 P Cr (PLP)
Raja WAHEEDUZAMAN‑‑Applicant Versus THE STATE‑‑Respondent
| Citation | 1985 P Cr (PLP) |
| Forum / Court | |
| Bench Members | Fakhruddin H. Shaikh. J |
| Parties | Raja WAHEEDUZAMAN‑‑Applicant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1985 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 1985 P Cr (PLP)?
The case was heard and decided by the bench comprising: Fakhruddin H. Shaikh. J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 P Cr (PLP) (Raja WAHEEDUZAMAN‑‑Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 16th October, 1984.
Headnotes / Summary
‑‑‑S.497/498‑‑Bail‑‑Bail granted to accused by Additional Sessions Judge but was cancelled by Assistant Sessions Judge on account of accused's failure to appear before Assistant Sessions Judge to whom case was transferred for trial‑‑Order of Assistant Sessions Judge, held, illegal‑ --Bail granted by Additional Sessions Judge, held, could not cancelled by Assistant Sessions Judge‑‑Bail allowed by High Court in circum stances. A I R 1932 All. 534 rel. Rashid A. Rizvi for Applicant. Abdul Ghafoor Mangi, A.A.‑G. for the State.
Judgment & Decree
A I R 1932 All. 534 rel. Rashid A. Rizvi for Applicant. Abdul Ghafoor Mangi, A.A.‑G. for the State. Date of hearing: 16th October, 1984. The applicant was granted bail by 6th Additional Sessions Judge, Karachi by his order, dated 4‑10‑1981. The case was later on transferred to 6th Assistant Sessions Judge, Karachi for trial. On 26‑8‑1984 learned 6th Assistant Sessions Judge cancelled the bail of the accused on account of his absence on the above date and on its failure to furnish fresh surety. The above order of the learned 6th Assistant Sessions Judge has been challenged in this Cr. Miscellaneous Application. The contention is that the bail granted by Additional Sessions Judge could not have been cancelled by Assistant Sessions Judge. In support of this contention reliance is placed on A I R 1932 All. 534 the above case was also relied upon in an unreported decision in Cr. Miscellaneous reference No. 20/84 decided by my learned brother Sajjad Ali Shah, J.‑‑ on 3‑9‑1984. Mr. Abdul Ghafoor Mangi, A. A.‑G. for the State concedes that the order of the 6th Assistant Sessions Judge cancelling the bail of the applicant was illegal. I agree with the decisions which have been referred to in support of the above application, which is allowed. The applicant shall be released on furnishing in surety in the amount of Rs.10,000 and P.R. in like amount to the satisfaction of trial Court. M. Y. H. Application allowed.