PCRLJ 1999

1999 P Cr (PLP)

HAQ NAWAZ BHUTTO — -Applicant. Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
Criminal Bail Application No. 101 of 1998, decided on 23rd April, 1-998.
Honorable Judges
Abdul Ghani Shaikh, J
Case Reference Summary (AEO Optimized)
Citation 1999 P Cr (PLP)
Forum / Court Karachi
Bench Members Abdul Ghani Shaikh, J
Parties HAQ NAWAZ BHUTTO — -Applicant. Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1999 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 1999 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: Abdul Ghani Shaikh, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1999 P Cr (PLP) (HAQ NAWAZ BHUTTO — -Applicant. Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • ---Ss.497 & 499---Cancellation of bail bond on failure to attend Court and arrest of accused---Accused was granted bail on merits, but accused having failed to attend Court on one date of hearing, his bail bond was cancelled and he was remanded to custody when he voluntarily appeared in Court on adjourned date of hearing---Accused after his re-arrest had remained in custody for more than one month---Accused who had sufficiently been punished for his absence on one date of hearing, deserved concession of bail---Counsel appearing for prosecution had also no objection to grant of bail to accused---Accused was released on bail in circumstances.

Headnotes / Summary

Zaheer Ahmed v. The State 1983 PCr.LJ 2600 ref. Muhammad Ayaz Soomro for Applicant. Muhammad Ismail Bhutto for the State.

Judgment & Decree

Zaheer Ahmed v. The State 1983 PCr.LJ 2600 ref. Muhammad Ayaz Soomro for Applicant. Muhammad Ismail Bhutto for the State. Muhammad Ayaz Soomro, Advocate for applicant has filed this application for grant of bail to applicant Haq Nawaz whose bail bond was cancelled on 14-2-1998 on account of his failure to attend the Court and was remanded to custody on adjournment date of hearing viz. 10-3-1998 and since then he is in custody. The learned counsel appearing for the applicant has argued that the applicant was granted bail on merits and on 14-2-1998 he had failed to attend the Court on account of his illness and for that he had submitted application but that application was rejected and when he voluntarily appeared in Court on 10-3 1998 he was taken into custody and was remanded to jail. The learned counsel has urged that non-appearance of the applicant on the date of hearing was neither intentional nor deliberate and further that he has remained in custody for a period of more than one month for absence of one date of hearing and thus he has been sufficiently punished. The learned counsel has also placed reliance on the case of Zaheer Ahmed v. The State in 1983 PCr. LJ 2600. Mr. Muhammad Ismail Bhutto, learned counsel appearing for the State has no objection to the grant of bail to the applicant. As the applicant has remained in custody for more than one month and it appears that he has been sufficiently punished for his absence on one date of hearing viz. 14-2-1998. The applicant now deserves the concession of bail. In view of the above circumstances and no objection by the State Counsel, it is ordered that the applicant shall be released on bail subject to his furnishing one surety in the sum of Rs. 100,000 and P.R. Bond in the like amount to the satisfaction of Trial Court. This Criminal Bail Application No.101 of 1998 stands disposed of. H.B.T./H-65/K Bail granted.