2006 PLP 391 (YLR)
Haji GUL MUHAMMAD and another — Applicants Versus THE STATE and another — Respondents
| Citation | 2006 PLP 391 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Anwar Zaheer Jamali, J |
| Parties | Haji GUL MUHAMMAD and another — Applicants Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 391 (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 2006 PLP 391 (YLR)?
The case was heard and decided by the Karachi bench comprising: Anwar Zaheer Jamali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 391 (YLR) (Haji GUL MUHAMMAD and another — Applicants Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.265-K
Issuance of non-bailable warrants
Accused earlier was acquitted by Trial Court on application of one accused filed under S.265-K, Cr.P.C., but while passing impugned order whereby non-bailable warrants were issued against accused persons, even Trial Court did not bother to issue notice to accused in the first instance to be heard in the matter, before joining as accused in the crime
Reference was also made to copy of challan to show that some other person was shown in the Column of absconding accused while the other accused was not in any manner connected with crime, but he was also joined in the case as co-accused without any notice or providing opportunity of hearing to him before passing of such order
State counsel did not support impugned order for the reason that passing of such order and issuance of non-bailable warrants without first affording an opportunity of hearing to accused was violation of principles of natural justice
Impugned order was set aside, in circumstances. Syed Madad Ali Shah for Applicants. Anwar H. Ansari for the State. Respondent No.2 in Person.
Judgment & Decree
ANWAR ZAHEER JAMALI, J.
By this revision application under sections 435 and 439, Cr.P.C., applicants have challenged the order dated 9-8-2005 passed by learned IVth Additional Sessions Judge, Hyderabad in Sessions case No.369 of 2000 whereby N.B.Ws. Were issued against them after being joined as accused in the said crime. Syed Madad Ali-- Shah, learned counsel for the applicants has referred-the earlier order of trial Court dated 18-9-2004 to show that on the application of applicant No.1, moved under section 265-K, Cr.P.C. he was acquitted by the trial Court, but while passing the impugned order, the trial Court even did not bother to issue notice to the applicant in the first instance to be heard in the matter; before joining as accused in the Crime. He also made reference to the copy of challan available at page 85 of the Court file to show that some other person Muhammad Ibrahim alias Abro son of Ahmed Balouch was shown in the column of absconding accused, while applicant No.2 was not in any manner connected with the crime, but he was also joined in the case as co-accused without any notice or opportunity of hearing to him, before passing of such order. Mr. Anwar Ansari, learned State counsel did not support the impugned order for the reason that passing of such order and issuance of N.B.Ws. without first affording an opportunity of hearing to the applicants is the violation of principle of natural justice. Considering the above aspects of the case which is fully supported from the case record, the impugned order dated 9-8-2005 is set aside. However, it will be open for the trial Court to take further appropriate steps in accordance with law after affording due opportunity to the accused. H.B.T./G-67/K??????????????????????????????????????????????????????????????????????????????????? Petition allowed.