2009 PLP 1151 (YLR)
MUMTAZ alias MASHOOQ — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 1151 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Farrukh Zia G. Shaikh, J |
| Parties | MUMTAZ alias MASHOOQ — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1151 (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 2009 PLP 1151 (YLR)?
The case was heard and decided by the Karachi bench comprising: Farrukh Zia G. Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1151 (YLR) (MUMTAZ alias MASHOOQ — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Ather Hussain, Asstt. A.-G. for Respondent/State.
- Mr. Agha Ather Hussain, learned Assistant Advocate-General Sindh appearing on behalf of the State, has frankly conceded to the grant of bail.
Headnotes / Summary
S.497
Penal Code (XLV of 1860)
Ss.452 & 365-B/34
State counsel had conceded to the grant of bail
Keeping in view that no objection was extended by the State counsel, accused was released on bail. Noor Muhammad Soomro for Applicant/State.
Judgment & Decree
FARRUKH ZIA G. SHAIKH, J.
Applicant Mumtaz alias Mashooq by caste Shar has filed this Application under sections 497/498, Cr.P.C.' seeking bail, who is wanted in F.I.R Crime No.110 of 2008 registered at Police Station, Paddidan for an offence under sections 452, 365-B, 34, P.P.C. Mr. Noor Muhammad Soomro, learned counsel appearing on behalf of the appellant has argued that originally the name of applicant, is Mumtaz whereas in the F.I.R, the complainant has shown the name of applicant as Mashooq, which shows clear mala fides on the part of complainant. He has submitted that there is a delay of two days in lodging of the F.I.R while distance of Police Station, from the place of wardat, is only 1 kilometer for which there is no plausible explanation. In the last he has stated that in fact no such incident has taken place as it is clear from the statement of alleged abductee Mst. Shahnaz before the learned Civil Judge and Judicial Magistrate 1st, Khirpur stating that she had left the house voluntarily due to fear of murder and if her custody was handed over to her parents or other relatives, she will be murdered and therefore, she was sent to Darul Aman, Sukkur. Mr. Agha Ather Hussain, learned Assistant Advocate-General Sindh appearing on behalf of the State, has frankly conceded to the grant of bail. I have heard the learned counsel appearing for the parties and with their assistance I have perused the material available on the record. Keeping in view that no objection extended by the learned Asstt. A.-G. appearing on behalf of the State, I allow this application and grant bail to the applicant. He shall be released from Jail subject to furnishing surety in the sum of Rs.100,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court. Bail application stands disposed of. H.B.T./M-221/K Bail granted.