2009 PLP 1264 (YLR)
MAZZAN — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 1264 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Syed Pir Ali Shah, J |
| Parties | MAZZAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1264 (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 2009 PLP 1264 (YLR)?
The case was heard and decided by the Karachi bench comprising: Syed Pir Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1264 (YLR) (MAZZAN — 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.324, 452, 337-H(ii), 504, 148 & 149
State Counsel had fairly conceded that two co-accused were let off by the police during investigation, while two other arrested co-accused had already been enlarged on bail by the Trial Court
Accused was the only one confined in jail and facing trial of the case in custody and his case was at par with case of co-accused who had been granted bail
Considering the rule of consistency, accused was also entitled for grant of bail and his bail could not be withheld as punishment
Accused was granted bail, in circum stances. Abdul Rasool Abbasi for Applicant. Anwar H. Ansari for the State.
Judgment & Decree
SYED PIR ALI SHAH, J.--Applicant Mazzan has applied for bail in Crime No. 83 of 2007, Police Station Johi, District Dadu for the offence under sections 324, 452, 337-H(ii), 504, 148 and 149, P.P.C. Bail application was moved before the trial court and the same was dismissed/rejected by the IIIrd Additional Sessions Judge, Dadu vide orders dated 5-12-2007. Learned counsel argues that .the applicant has been involved in this case due to enmity over matrimonial affairs. He argues that he F.I.R., is delayed by more than 5 hours whereas distance from the place of incident is 24/25 kilometers. It is contended that co-accused Naban is on post arrest bail granted by the trial court vide order dated 4-10-2007. It is further argued that there are counter cases between the parties, as such crime No.84/07 has been registered by the Gul Muhammad Raza Muhammad at Police Station, Johi for the offence under sections 324, 504, 114 and 34, P.P.C. In that counter case accused Bhooro Khan and Qasim are on pre-arrest bail granted by the IIIrd: Additional, Sessions Judge, Dadu vide order dated 7-9-2007. Accused is allegedly confined in jail for the last about ten months. Learned State counsel has fairly conceded. After going through the case papers he assisted this Court and submitted that co-accused Ali Muhammad and Abdul Rasool were let off by the police during investigation while arrested accused Muhammad Qasim and Naban have already been enlarged on bail by the trial court. It reveals from the case papers that present accused Mazzan is the only accused confined in jail and facing trial of the case in the custody, his case is at par with the case of co-accused Muhammad Qasim and Naban. Considering the rule of consistency the applicant/accused is also entitled for grant of bail. His bail cannot be withheld as sought of punishment. He is accordingly granted bail, on furnishing solvent surety in the sum of Rs. One hundred thousand and PR bond in the like amount, to the satisfaction of learned trial court. H.B.T./M-219/K Bail granted.