2004 P Cr (PLP)
JHANDO KHAN — Applicant Versus THE STATE — Respondent
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | JHANDO KHAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 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 2004 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: 2004 P Cr (PLP) (JHANDO KHAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.402/353/324/337-H(ii)/149-- Control of Narcotic Substances Act (XXV of 1997), S.9(b)
Accused vas in custody for more than one year and two months, but. even the charge' had not yet been framed in the case
Case was of ineffective firing and although the incident had occurred during day time, yet nobody had received any injury on either side
State Counsel in view of delay in trial had not opposed grant of bail to accused
Judgment & Decree
It is alleged that a police encounter took place on 24-11-2002 with 13 culprits and there was heavy exchange of fires. Two persons were apprehended at the spot and Charas weighing 1000 grams was secured from their possession. According to F.I.R. the applicant was among the remaining culprits. The case was challaned in the Court and the applicant was arrested on 12-5-2003. It is stated at the Bar that no charge has yet been framed. I have heard Mr. Khalid Hussain Shahani, learned counsel for applicant and Mr. Mushtaq Ahmed Kourejo, learned State Counsel. The bail plea is mainly advanced on the ground of hardship, as the accused has remained in custody for more than one year and 2 months, but up to this time even the charge has not been framed. Besides, this is a case of ineffective firing although the incident occurred during daytime and nobody received any injury from either side. Learned State Counsel conceded to grant of bail in view of delay in trial. In the above stated circumstances, the contentions raised on behalf of applicant carry much weight. Accordingly, the application is allowed. The applicant be released on furnishing surety in the sum of Rs.one hundred thousand and executing P.R. Bond in the like amount, to the satisfaction of trial Court. N.H.Q./J-4/K Bail allowed.