2008 PLP 835 (MLD)
ABDUL JABBAR — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 835 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL JABBAR — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 835 (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 2008 PLP 835 (MLD)?
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: 2008 PLP 835 (MLD) (ABDUL JABBAR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.504/34
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)
Accused was apprehended thirteen days after the occurrence when he was nominated in the crime by the witness in his statement recorded under S.161, Cr.P.C.
Accused was not put to the identification test
No recovery was stated to have been effected
Challan had been submitted wherein accused was shown as absconder
Since no plausible explanation for the delayed recording of the statements of the witnesses was recorded and no recovery had been effected, accused had made out a case of further enquiry
Judgment & Decree
MUSHIR ALAM, J.
Applicant Abdul Jabbar is nominated in Crime No.25 of 2006, Police Station New Faujdari Shikarpur, for offence punishable under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance, 1979, sections 504, 34, P.P.C. The allegation against the accused persons is of barging in the oil mill, seizing control of the inmates and by show of force robbing the valuables from the possession of the complainant. Only accused Ghulam Abbas is nominated in the F.I.R. other persons are not named. The alleged incident took place on 10-2-2006. Present applicant was apprehended on 23-2-2006, when he was nominated in the crime by the witness whose 161, Cr.P.C. statement was recorded on 23rd February 2006. The applicant was not put to the identification test. No recovery is stated to have effected. Challan has been submitted on 25-2-2006, wherein applicant was shown as absconder. Since there is no plausible explanation for the delayed recording of the statements and no recovery has been effected, the applicant has made out case of further enquiry and accordingly he is extended bail but subject to furnishing solvent surety in the sum of Rs.100,000 (Rupees one lac) and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./A-22/K Bail granted.