2010 PLP 2183 (YLR)
ASHHAD ILYAS — Applicant Versus THE STATE — Respondent
| Citation | 2010 PLP 2183 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ameer Hani Muslim, J |
| Parties | ASHHAD ILYAS — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 2183 (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 2010 PLP 2183 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ameer Hani Muslim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2183 (YLR) (ASHHAD ILYAS — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Ss.498 & 561-A---Penal Code (XLV of 1860), Ss.420/468/471/504/506-B/419/34--Cheating and forgery---Pre-arrest bail, grant of---Failure of accused to appear in the court---Issuance of non-bailable warrants---Accused, who was granted bail before arrest, having failed to appear in the court, non-bailable warrants were issued to him---Explanation offered by accused for his non-appearance was that Investigating Officer had given an assurance to him that he would be disposing of the case in `C' class; and that under that impression he never appeared before the Trial Court---Explanation offered by accused appeared to be plausible and State Counsel had no objection---Order issuing non-bailable warrant by the Trial Court to accused was set aside and accused was directed to appear before the Trial Court on the next date of hearing---Bail bonds of accused stood cancelled and surety discharged.
Headnotes / Summary
Kumail Ahmed Shirazee and Muhammad Idrees Qureshi for the Applicant. Sardaruddin Qureshi for the State. Chaudhry Iftikhar Ahmed for the Complainant.
Judgment & Decree
AMEER HANI MUSLIM, J.--This is a bail before arrest application and this Court has granted interim bail. Mr. Chaudhry Iftikhar Ahmed, learned counsel for the complainant states that the applicant is already on bail granted by 1st Additional Sessions Judge, Karachi South and therefore, there cannot be a second bail application. The legal position as stated by Mr. Chaudhry Iftikhar Ahmed is correct. I treat this bail application as application under section 561-A Cr.P.C. The counsel for the applicant states that NBWs have been issued by the trial Court on the non-appearance of the applicant. The explanation offered by the applicant's counsel was that the I.O. had given an assurance to the applicant and his brothers that he would be disposing of the case in "C" class and under this impression the applicant never appeared before the trial Court. The applicant, however, has filed rent case against the husband of complainant and in cross-examination the applicant was confronted with this position and applicant acquired knowledge that the case has been challaned against him and his brothers and NBWs in the matter have been issued. On acquiring the knowledge, the applicant has approached this Court. The explanation offered appears to be plausible. Learned State counsel has no objection. Under these circumstances, the order issuing NBWs by the trial court is set aside and the applicant is directed to appear before the trial court on the next date of hearing. The bail bonds of the applicant stand cancelled and surety discharged. This Criminal Miscellaneous Application stands disposed of in the above terms. Office shall number it as Criminal Miscellaneous Application. H.B.T./A-51/K Order accordingly.