1989 PLP 3777(1) (MLD)
MUHAMMAD YOUSUF and 2 others Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 3777(1) (MLD) |
| Forum / Court | Karachi |
| Bench Members | Munawar Ali Khan, J |
| Parties | MUHAMMAD YOUSUF and 2 others Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 3777(1) (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 3777(1) (MLD)?
The case was heard and decided by the Karachi bench comprising: Munawar Ali Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3777(1) (MLD) (MUHAMMAD YOUSUF and 2 others Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yasin Azad for Petitioners.
- Date of hearing: 22nd September, 1985.
Headnotes / Summary
S.497--Penal Code (XLV of 1860), 5.302/34--Bail, grant of--Statutory delay- Accused in jail for more than two years--Only two witnesses were present on one date but could not be examined due to the absence of accused's counsel Case was adjourned by Court of its-own and not on request of accused--Accused not liable for delay--No indication of accused being hardened or dangerous criminals--Bail allowed in circumstances. Abdul Ghafoor Mangi, AA.-G. for the State.
Judgment & Decree
S.497--Penal Code (XLV of 1860), 5.302/34--Bail, grant of--Statutory delay- Accused in jail for more than two years--Only two witnesses were present on one date but could not be examined due to the absence of accused's counsel Case was adjourned by Court of its-own and not on request of accused--Accused not liable for delay--No indication of accused being hardened or dangerous criminals--Bail allowed in circumstances. Muhammad Yasin Azad for Petitioners. Abdul Ghafoor Mangi, AA.-G. for the State. Date of hearing: 22nd September, 1985. This bail application is based mainly on ground of delay in trial of the accused. As has been disclosed in course of arguments addressed at the Bar, accused Muhammad Yousuf and Muhammad Sharif were arrested on 27-7-1983 whereas third accused Allah Beeran was arrested on 26-8-1983. According to the learned AA.-G. it was only on one date (i.e. 23-8-1984) that two witnesses were present but they could not be examined as the counsel of the accused was absent. The case was however adjourned by the Court on its own and not at the request of the accused to 11-10-1984. This shows that the accused have remained in jail for over two years, and they are not liable for the delay. There is no indication that the accused are dangerous and hardened criminals. The observation made by the trial Court in this regard is not corroborated by any authentic material. The learned AA.-G. has therefore, no objection to grant of bail. For above reasons the bail is allowed to the applicants in the sum of Rs.50,000 each and P.R. of the same amount to the satisfaction of the trial Court. SA./M-859/K Bail allowed.