2005 PLP 514 (MLD)
SAIFULLAH ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 514 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Wahid Bux Brohi and Rahmat Hussain Jafferi, JJ |
| Parties | SAIFULLAH ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 514 (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 2005 PLP 514 (MLD)?
The case was heard and decided by the Karachi bench comprising: Wahid Bux Brohi and Rahmat Hussain Jafferi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 514 (MLD) (SAIFULLAH ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑Ss.497, 498 & 561‑A‑-‑Control of Narcotic Substances Act (XXV of 1997), S.9(b)‑‑‑Bail, grant of‑‑‑Reduction of security amount‑‑ Application for‑‑‑Accused was granted bail subject to furnishing security in the sum of Rs.2,00,000 and PR bond in like amount‑‑‑Application filed by accused for reduction of security amount was dismissed by Trial Court‑‑‑Validity‑‑Accused was not involved in 15 cases, but reference to 15 cases in impugned order was with regard to precedents in another case which Was cited at the Bar‑‑‑Quantity of Charas allegedly secured from accused was only 620 grams, but amount of security was out' of proportion‑‑‑High Court in another like case, had reduced amount of surety‑‑‑High Court allowing application of accused ordered that accused be released on bail granted by Trial Court subject to furnishing security in the sum of Rs.50,000 and executing PR bond to the satisfaction of Trial Court. Abdul Ghaffar Samo for Applicant. Habib Ahmed, A.A.‑G. for the State.
Judgment & Decree
Habib Ahmed, A.A.‑G. for the State.
1. Granted.
2. This is an application for reduction of amount of security to be furnished by the applicant in pursuance of order of bail granted to him by the trial Court. We have heard Mr. Abdul Ghaffar Sarno learned counsel for applicant and Mr. Habib Ahmed learned A.A.‑G. The accused was arrested by' A.S.‑I. Muhammad Nawaz Tanoli of Police Station Mochko for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997 on the ground that he was found in possession of 620 grams of Charas. Ire applied for bail and the learned trial Court on 11‑8‑2004 granted him bail subject to furnishing security in the sum of Rs.2,00,000 and P.R. bond in the like amount. An application was made for reduction of security amount but the learned trial Court by order dated 22‑10‑2004 turned down the request of applicant. Learned counsel for the applicant at the outset has clarified that the applicant is not involved in 15 cases but the reference to 15 cases in the impugned order is with regard to the precedent in another case which was cited at the Bar. Learned counsel for the applicant further contended that the quantity of Charas allegedly secured is 620 grams and the amount of security is out of proportion. He relied on an order dated 17‑7‑2000 passed by this Court in Bail Application No.578 of 2000 wherein the amount of bail was reduced. Learned A.A.‑G. did not controvert the contention of learned counsel for applicant. In the circumstances of the case we are of the view that as the quantity of Charas is 620 grams only the amount of security may be reduced. Accordingly, the application is allowed. The applicant be released on bail granted by the trial Court subject to furnishing security in the sum of Rs.50,000 and executing P.R. bond to the satisfaction of trial Court. Application stands disposed of. H.B.T./S‑82/K Application allowed.