1997 PLP 1909 (MLD)
MUHAMMAD RIZWAN‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 1909 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Abdul Majeed Khanzada and Abdul Lateef U. Qureshi, JJ |
| Parties | MUHAMMAD RIZWAN‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 1909 (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 1997 PLP 1909 (MLD)?
The case was heard and decided by the Karachi bench comprising: Abdul Majeed Khanzada and Abdul Lateef U. Qureshi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1909 (MLD) (MUHAMMAD RIZWAN‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S.497‑‑‑West Pakistan Arms Ordinance (XX of 1965), S.13(d)‑‑‑Bail, grant of‑‑Preparation of recovery memo. and its attestation by the witnesses at the spot was mandatory and preparation of the same later on at the police station or some other place could make the recovery doubtful ‑‑‑Mashirnama of the alleged recovery of pistol from the accused was not prepared at the spot and no reason had been advanced by the prosecution for not doing so‑‑‑Bail was allowed to accused in circumstances. Amanullah Jumani for Applicant. Suleman Habibullah for the State.
Judgment & Decree
Amanullah Jumani for Applicant. Suleman Habibullah for the State. Brief facts leading to present bail application are that on 10‑10‑1995, A.S.‑I. Dost Ali alongwith his subordinate staff H.C. Muhammad Siddique, P.C. Javed Ali and PC Muhammad Aslam was on patrol duty. At about 9 p.m, when he reached near K.M.C. Chowk, Mewa Shah Graveyard, he saw a person in suspicious condition. When he was arrested he disclosed his name as Muhammad Rizwan son of Shamsul Haq and from his personal search one TT .30 bore Pakistan‑made having Star Mark and a loaded magazine with 6 cartridges were recovered from the left side of his Shalwar. The accused could not produce any licence, as such, he was arrested and a case being FI.R. No.190 of 1995 under section 13‑D of Arms Ordinance was registered against hid at Pak Colony Police Station. Police after usual investigation submitted the challan before the Special Court (STA), Karachi. A bail application on behalf of the present applicant was moved before the trial Court which was rejected. The learned counsel for the applicant has mainly argued that the challan was submitted on 18‑10‑1995 and since then no progress has been made. He submits that the applicant is an old man aged about 48 years and TT pistol has been foisted upon him. He further submits that admittedly it is a thickly populated area and no private person was asked to act as Mashir and all the Mashirs are police officials. Mr. Suleman Habibullah has no objection to the grant of bail as the TT pistol is neither sealed nor Mashirnama of recovery was prepared at the spot: He also submits that the recovered pistol has not been sent to the Ballistic Expert for opinion. It is an admitted fact that the Mashirnama of alleged recovery has not been prepared at the spot and no reason is advanced by the prosecution for not doing so. Preparation or Mashirnama of recovery and its attestation by the Mashirs at the spot is mandatory and its preparation later on at the police station or some other place cast doubts regarding verasity of recovery. As such, bail is granted to the applicant on his furnishing one surety in the sum of Rs.1,00,000 (one lac) and P.R. bond in the like amount to the satisfaction 'of the trial Court. N.H.Q./M‑79/K Bail allowed.