2010 P Cr (PLP)
ZAHID HUSSAIN — Applicant Versus THE STATE — Respondent
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ZAHID HUSSAIN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 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 2010 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: 2010 P Cr (PLP) (ZAHID HUSSAIN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Notices were issued to the learned counsel for the complainant as well as Advocate-General, Sindh learned A.A.-G. and the counsel for the complainant are in attendance who opposed the instant transfer application.
Headnotes / Summary
S. 526
Application for
Applicant who was nominated in the direct complaint, had sought transfer of the complaint to another court on the ground that Presiding Officer took him into custody and sent to jail without his fault on account of his refusal to accede to his demand of illegal gratification
Charge had not yet been framed and the matter was pending
No impropriety in the order and the proceedings had been adopted by the court below
Allegation of demanding illegal gratification appeared to be falsified in view of the fact that in a short span of time accused was remanded to Jail and he was extended bail after arrest
Application was dismissed with direction to the Trial Court to proceed with the matter expeditiously and accused was also directed to attend the proceedings before the Trial Court regularly.
Judgment & Decree
The petitioner was nominated in direct Complaint No.1 of 2009 (Haji Allah Warrayo v. S.H.O. Khamiso Khan and others) pending before Anti-Terrorism Court, Khairpur. The petitioner seeks transfer of the said direct complaint to another Court on the ground, inter alia, that the Presiding Officer took him into the custody and sent to Jail without his fault on account of his refusal to accede to his demand of illegal gratification. Notices were issued to the learned counsel for the complainant as well as Advocate-General, Sindh learned A.A.-G. and the counsel for the complainant are in attendance who opposed the instant transfer application. It appears that the direct complaint was made on 14-4-2009 and it was registered on 21-4-2009. The bailable warrants were repeatedly issued against the petitioner followed by non-bailable warrants through DSP/DIG and PRO on 2-6-2009. He however, surrendered before this Court to seek protective bail which was granted on 3-7-2009. He, thereafter, surrendered before the learned trial Court to seek bail on 7-7-2009. The interim bail was granted by the learned trial Court and later on after the hearing the same was dismissed on 14-7-2009 and the petitioner was remanded back to jail. It also appears from the record that the petitioner was extended bail after arrest by the trial Court on 21-7-2008 and he is still on bail. It is stated that charge has not yet been framed and the matter is pending. We do not see any impropriety in the order and the proceedings adopted by the learned Court below. As regards the allegation of demanding illegal gratification appears to be falsified in view of the facts that in a short span of time he was remanded back to jail on 14-7-2009 and he was extended bail after arrest on 21-7-2009. Under the circumstances, the instant application is dismissed with the direction to the learned trial Court to proceed with the matter expeditiously and the applicant present in Court is also directed to attend the proceedings before the trial Court regularly and cooperate for conclusion of the trial in accordance with law. H.B.T./Z-4/K Application dismissed.