2010 P Cr (PLP)
SALMAN IRTIZA — Applicant Versus AHMED MIAN and another — Respondents
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SALMAN IRTIZA — Applicant Versus AHMED MIAN and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 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 2010 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: 2010 P Cr (PLP) (SALMAN IRTIZA — Applicant Versus AHMED MIAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), Ss.420, 468 & 471
Cheating, forgery and using as genuine a forged document
Application for cancellation of bail
Case under Ss.420 & 471, P.P.C. were bailable, where a person was charged of a bailable offence, such person as a matter of right was entitled to bail
Offence under S.468, P.P.C. which carried punishment for seven years and was non-bailable, but same did not fall within the prohibitory clause of S.497, Cr.P.C. no illegality having been demonstrated in well reasoned bail granting order, application for cancellation of bail, was dismissed by High Court.
Judgment & Decree
SAJJAD ALI SHAH, J.
Exemption is allowed subject to all just exceptions.
2. Through this application complainant seeks cancellation of bail granted to the respondent/accused by IInd Additional Sessions Judge, Karachi East vide order dated 31-8-2009 in Crime No.415 of 2009 for the offence under sections 420, 468, 471, P.P.C. by Police Station Brigade, Karachi. Learned counsel for the applicant initially contended that the order wrongfully specifies section 420 as bailable. However, a perusal of Criminal Procedure Code reflects that the same being bailable and such is also contended by the learned A.P.-G. and consequently Mr. Saathi Ishaque withdraws his argument. Likewise, section 471 with which the respondent/accused is charged also appears to be bailable. It is settled proposition that in cases where a person is charged of a bailable offence such person as a matter of right is entitled to bail. The only non-bailable provision in the instant crime appears to be section 468 which carries punishment for seven years and as rightly observed by the learned IInd Additional Sessions Judge, Karachi East the same does not fall within the prohibitory clause of section 497, Cr.P.C., and consequently rejection of bail was an exception to the general rule of granting bail in case which do not fall within the prohibitory clause of section 497, Cr.P.C. No exceptional circumstance in a case lodged after a delay of 18 years has been pointed out. No illegality in well-reasoned bail is demonstrated. The application is dismissed. H.B.T./S-9/K Application dismissed.