1993 P Cr (PLP)
MUH.AMMAD SHAFIQ SHAH and 2 others — Applicants Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUH.AMMAD SHAFIQ SHAH and 2 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1993 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 1993 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: 1993 P Cr (PLP) (MUH.AMMAD SHAFIQ SHAH and 2 others — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 498 & 499
Penal Code (XLV of 1860), 5.399/402
Accused though were granted bail, but were still in custody as they could not secure their release by, furnishing their requisite sureties due to their poverty
Object of calling upon accused to furnish surety was not to penalize them, but to ensure their presence -before Trial Court
With consent of prosecution, surety amount was reduced accordingly.
Judgment & Decree
Criminal Procedure Code (V of 1898)
Ss. 498 & 499
Penal Code (XLV of 1860), 5.399/402
Accused though were granted bail, but were still in custody as they could not secure their release by, furnishing their requisite sureties due to their poverty
Object of calling upon accused to furnish surety was not to penalize them, but to ensure their presence -before Trial Court
With consent of prosecution, surety amount was reduced accordingly. Abdul Oadir v. The State P L D 1991 Kar. 353 and Kamal and another v. The State 1992 P Cr. L J 1152 ref. Sardar Muhammad Ishaque for Applicants. K.M. Nadeem A.A.-G. for the State. Applicants Muhammad Shafjq Shah, Muhammad Nadeem and Arshad, who are facing trial in Crime No.8 of 1992, North Nazimabad Police Station under section 399/402, P.P.C. in the Court of IInd Additional Sessions Judge (Central) Karachi, were granted bail by this Court on 26-2-1992 in the sum of Rs.50,000 each with P.R. bond in the like amount to the satisfaction of the trial Court and although the bail was granted to them about 4 months back they have not been able to secure their release by furnishing their requisite surities. Mr. Sardar Muhammad Ishaque, learned counsel for applicants has contended that the applicants are too poor to arrange for this heavy surety amount, with the result that they are still in custody although the concession of bail was extended to them as far back as 26-2-1992. He has placed reliance upon two cases of this Court reported as Abdul Qadir v. The State P L D 1991 Kar. 353 and Kamal and another v. The State 1992 P Cr. L J 1152 in an attempt to show that the object of calling upon the accused to furnish the surety is not to penalize them but no ensure their presence before the trial Court.
2. Traced with this situation, Mr: K.M. Nadeem, learned AA.-G. has conceded to the reduction of the surety amount to a reasonable extent, and I think rightly. Accordingly the application made under section 498, Cr.P.C. seeking reduction of the surety amount is accepted and the amount of bail bond is reduced from Rs.50,000 each to Rs.25,000 each with P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./M-1745/K Order accordingly.