2003 PLP 1133 (YLR)
NAWAB ALI alias NAWAB‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2003 PLP 1133 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ghulam Nabi Soomro and Muhammad Afzal Soomro, JJ |
| Parties | NAWAB ALI alias NAWAB‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 1133 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1133 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ghulam Nabi Soomro and Muhammad Afzal Soomro, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1133 (YLR) (NAWAB ALI alias NAWAB‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Judgment & Decree
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.324‑‑‑Bail, grant of‑‑‑Counter cases‑‑ Accused persons in both the cases were acquitted except one accused‑‑‑Only adverse factor against said accused was his abscondence‑‑‑Case of the accused was identical to case of accused persons who had been acquitted on similar charge‑‑ Abscondence of the accused in circumstances of case would not be treated as a bar to his release on bail. Raja Ram Mandhyan for Applicant. Sher Muhammad Sher, A.‑A.G. for Applicant seeks bail in a case of attempt to murder (F.I.R. No.27 of 1999 Police Station, Bagarji), pending trial before the Court of Special Judge (STA), Sukkur. The contentions are that there are counter cases between the parties and the accused in both the cases have been acquitted. As far as the present applicant it is contended that he is in jail custody since last 13 months and his case is identical to those nine accused persons who have been acquitted. The only adverse factor is his absconsion for two years which in view of the judgment of acquittal passed on 17‑7‑2002 by the trial Court of learned IIIrd Additional Sessions Judge Sukkur would not stand in his way as far as the applicant's release on bail is concerned. Learned A.A.‑G. opposed the plea of bail on .the ground that the accused was fugitive from law for two years. Upon perusal of the relevant record including the judgment of acquittal we, find that the case of the applicant is identical to the case of accused who have been acquitted on similar charge. Applicant's absconsion only, in the given circumstances of the case would not be treated as a bar to his, release on bail. The applicant is therefore granted bail subject to his furnishing a solvent surety in the sum of Rs.2,00,000 & PR bond in the like amount to the satisfaction of trial Court. H.B.T/N‑120/K Bail granted.