2012 PLP 2822 (YLR)
GODHO alias MUHAMMAD SIDDIQUE — Applicant Versus THE STATE — Respondent
| Citation | 2012 PLP 2822 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Riazat Ali Sahar, J |
| Parties | GODHO alias MUHAMMAD SIDDIQUE — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 2822 (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 2012 PLP 2822 (YLR)?
The case was heard and decided by the Sindh bench comprising: Riazat Ali Sahar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 2822 (YLR) (GODHO alias MUHAMMAD SIDDIQUE — 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), S.302/34
Qatl-a-amd, common inten tion
Re-release on bail' on enhancement of surety
Accused had jumped bail during trial and ' absconded for about 5 months due to alleged fear of enmity
Subsequently accused was arrested in some other crime, where after he continuously attended the Trial Court
Contention of accused was that he remained in detention for more than one year after his arrest, which was sufficient punishment for jumping bail during trial
Accused had been detained for a period of more than one year and nothing adverse had been placed by the prosecution in respect of the conduct of the accused
Accused was allowed bail and released by enhancing the surety amount. Zaheer Ahmed v. The State, 1983 PCr.LJ 2600; Malik Pahar Khan and another v. The State 2012 YLR 43 and Dosoo v. The State 2003 PCr.LJ 933 ref. Muhammad Saleem Jeesar for Applicant. Musab Baleegh Dhamrah, State counsel.
Judgment & Decree
RIAZAT ALI SAHAR, J.
This is a bail application under section 497, Cr.P.C. moved by applicant Godho alias Muhammad Siddique son of Bilawal Nindwani, in Crime No.91 of 2004 of Police Station Ghouspur, for offence punishable under sections 302, 34, P.P.C. It is, inter alia, contended by the learned counsel for the applicant that the accused was bailed out by this court on 7-8-2006 on the basis of; rule consistency. Perusal of 'case diary dated '26-1-2011 of the trial Court shows the presence of the applicant, as he is continuously attending the court. Diary dated 29-1-2011 shows his absence and admittedly he has jumped the bail during the trial due to fear of enmity of his community. The diary dated 23-6-2011 of the trial Court reveals that complainant informed that applicant is in judicial lockup, Kandhkot in some other crime. The counsel for the applicant pointed out that he was arrested in Crime No.27 of 2011 of Police Station Karampur, for offence punishable under sections 302, 337-H(2), 148, 149, P.P.C. on 3-6-2011, whereby he was bailed out vide order dated 15-10-2001. Certified true copy of the order is available on the record. He further contended that since 3-6-2011 till today he is behind the bar. His period of absconsion is not .more than 5 months so far his detention upon his arrest is more than one year, which is sufficient punishment for him in order to jump the bail during trial. He relied upon the case of Zaheer Ahmed v. The State, 1983 PCr.LJ 2600; Malik Pahar Khan and another v. The State 2012 YLR 43 (Karachi) and Dosoo v. The State 2003 PCr.LJ 933 (Karachi). Learned State Counsel has no objection for grant of bail to the applicant. I am of the considered view that in fact the accused has jumped the bail during trial for about 5 months and lateron he was arrested in some other crime and continuously attending the trial Court and facing the trial. He was already bailed out by this court. His detention period is more than one year, which is sufficient, nothing adverse against him has been placed by the prosecution in respect of conduct of the accused, therefore, I am of the opinion that applicant is entitled for grant of bail. The application is allowed by enhancing the surety amount and the applicant is directed to be released on bail upon his furnishing surety in the sum of Rs.400,000 (four hundred thousand) and P.R. bond in the like amount to the satisfaction of the trial Court. Meanwhile, the learned trial Court is strictly directed to conclude the case being old one within 3 months under the intimation of this court. MWA/G-29/K Bail granted