2017 PLP 2093 (MLD)
MUHAMMAD YOUNUS and others — Applicants Versus The STATE — Respondent
| Citation | 2017 PLP 2093 (MLD) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | MUHAMMAD YOUNUS and others — Applicants Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 2093 (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 2017 PLP 2093 (MLD)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 2093 (MLD) (MUHAMMAD YOUNUS and others — Applicants Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 497 & 498
Prosecution failed to appear and defend the bail application
Liberty of a man could not be compromised without merit for keeping him in jail merely because all three Special Prosecutors of FIA were on general adjournment
Court could grant interim bail on account of non-preparation of prosecution without touching merit of the case
Accused had been charged with offences which carried punishment of two years imprisonment or fine or both
Bail application was allowed accordingly.
Judgment & Decree
NAZAR AKBAR, J.
The very fact that prosecution is playing hide and seek is enough to appreciate that prosecution has no case to defend at least bail. The Court has been repeatedly giving dates to Prosecution to place their case in accordance with law. Diary dated 18.11.2015 suggests that a warning was given that in case of none appearance of Prosecutor on the next date this bail application will be decided on the basis of material available on record. Mr. Muhammad Qasim, Standing Counsel had sought time in presence of Investigation Officer. Again on 20.11.2015, I.O. was present and request was made for adjournment and two weeks' time was given. Then on 04.12.2015 Barrister Zahid Jameel appeared as Special Prosecutor and sought time without even authorization to appear in this case and undertook to file authorization. Again two weeks' time was given with the observation that "offences alleged are bailable". Today I.O. present in Court informs that there are three Special Prosecutors but all the three are on general adjournment. The liberty of a man cannot be compromised without merit for keeping him in jail merely because not one or two but three Special Prosecutors of FIA are on general adjournment. In the given facts and circumstances, this Court in number of unreported cases has granted interim bail on account of non-preparedness of prosecution without touching merit of the case. To quote a few examples one such order was passed on 20.7.2007 by this Court comprising the then Hon'ble Chief Justice, Mr.Justice Sabihuddin Ahmed and Mr. Justice Nadeem Azhar Siddiqui, in C.P. No.D-1495/2007 and I had appeared for the petitioner. In a recent case on 20.8.2015 a Division Bench of this Court comprising Mr. Justice Irfan Saadat Khan and Madam Justice Ashraf Jehan in C.P. No.D-6673/2014 granted interim bail in post arrest bail. Likewise even Hon'ble Supreme Court in Civil Petition No.98-K/2008 had granted interim bail in a post arrest petition for bail by order dated 8.2.2008. In view of the above unreported judgments of Division Benches of this Court and order of the Hon'ble Supreme Court, since the applicants are charged with offences which carries punishment of two years imprisonment or fine or both and prosecution is on general adjournment the accused/applicants are admitted to interim bail subject to furnishing solvent surety in the sum of Rs.1,00,00,000/- (Rupees One Crore Only) cach and P.R bond in the like amount to the satisfaction of the Nazir of trial Court. Adjourned to 20.1.2016 for confirmation or otherwise. SL/M-17/Sindh Bail allowed.