2009 PLP 1937 (YLR)
GHULAM SARWAR RIND — Applicant Versus SALEEM RIND and another — Respondents
| Citation | 2009 PLP 1937 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Khadim Hussain M. Sheikh, J |
| Parties | GHULAM SARWAR RIND — Applicant Versus SALEEM RIND and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1937 (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 1937 (YLR)?
The case was heard and decided by the Karachi bench comprising: Khadim Hussain M. Sheikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1937 (YLR) (GHULAM SARWAR RIND — Applicant Versus SALEEM RIND and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 2. Learned Advocate for the applicant has contended that the complainant sustained injuries in this incident therefore, bail granted to the respondent by the Trial Court may be cancelled.
Headnotes / Summary
S.497(5)
Penal Code (XLV of 1860), Ss.324, 337-H(ii), 147 & 149
Cancellation of bail, application for
Trial Court tentatively assessing the material placed before it granted bail to accused on merits coupled with the fact that accused had remained in continuous custody for more than 11 months
Application for cancellation of bail, was dismissed, in circumstances. Attaullah and 3 others v. The State and another 1990 SCMR 1320 ref. Faiz Muhammad Larik for Applicant. Naimatullah Bhurgri for the State.
Judgment & Decree
KHADIM HUSSAIN M. SHAIKH, J.
By this application under section 497(5) Cr.P.C. the applicant has sought cancellation of bail granted to the respondent Saleem vide order, dated. 12-3-2009 by the learned Court of Additional Sessions Judge, Ratodero in Sessions Case No.217 of 2008, based on Crime No.91 of 2008 Police Station Ratodero for offences under sections 324, 337-H(2), 147, 148, P.P.C.
2. Learned Advocate for the applicant has contended that the complainant sustained injuries in this incident therefore, bail granted to the respondent by the Trial Court may be cancelled.
3. Learned State counsel supports the order dated 12-3-2009, whereby bail was granted to the respondent Saleem stating that there is no illegality in the bail granted.
4. I have heard the counsel for the parties and have perused the order dated 25-3-2009 whereby the bail was granted to the respondent Saleem. I find that the learned Trial Court tentatively assessing the material placed before it granted bail to the respondent Saleem on merits coupled with the fact that the respondent Saleem has remained in continuous custody for more than 11 months and following the principles laid down by the superior courts.
5. In view of what has been stated above and the dictum laid down by the Honourable apex Court in the case of Attaullah and 3 others v. The State and another 1999 SCMR 1320, I find no substance in this application, which is accordingly dismissed. H.B.T;/G-17/K Application dismissed.