2003 P Cr (PLP)
UBEDULLAH‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2003 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Syed Zawwar Hussain Jafferi, J |
| Parties | UBEDULLAH‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Syed Zawwar Hussain Jafferi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 P Cr (PLP) (UBEDULLAH‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S. 498‑‑‑Penal Code (XLV of 1860), Ss.420/406/506‑‑‑Interim pre arrest bail, confirmation of‑‑‑Dispute between complainant and accused was of civil nature and complainant had motivated criminal proceedings to pressurize the accused‑‑‑Pre‑arrest interim bail granted earlier to the accused, was confirmed, in circumstances. Abdul Jabbar Korai for Applicant. Kazi Wali Muhammad for the State.
Judgment & Decree
‑‑‑‑S. 498‑‑‑Penal Code (XLV of 1860), Ss.420/406/506‑‑‑Interim pre arrest bail, confirmation of‑‑‑Dispute between complainant and accused was of civil nature and complainant had motivated criminal proceedings to pressurize the accused‑‑‑Pre‑arrest interim bail granted earlier to the accused, was confirmed, in circumstances. Abdul Jabbar Korai for Applicant. Kazi Wali Muhammad for the State. The applicant/accused Ubedullah son of Muhammad Fazil has applied for bail before arrest in sections 420, 406, 506(2), P.P.C. registered at Police Station Abad vide F.I.R. No.90 of 2002, dated 18‑8‑2000. According to the F.I.R. the applicant had entered into an Iqrarnama dated 25‑4‑2002 with the complainant whereby they agreed to sell plot at‑the rate of Rs.1,80,000 and received a sum of Rs.50,000 and the petitioner had undertaken to get the sale‑deed registered after receiving balance amount of Rs.50,
000. This Iqrarnama was written on 25‑4‑2002 in presence of P.W. Muhammad Amin Junejo. Learned counsel for applicant submits that the petitioner is serving in Irrigation Department as Sub‑Engineer and the offence under section 420, P.P.C. is bailable whereas sections 406 and 506(2) are not bailable and according to the F.I.R. the place and time of issuing threats of dire consequences are not mentioned in the F.I.R., therefore, both sections are not applicable. It is stated that the dispute between the complainant and accused is of civil nature and due to mala fides on the part of complainant and the police. By lodging of the F.I.R. itself is coloured exercise in order to extend highhandedness through police, therefore, applicant is entitled for concession of pre arrest bail. Mr. Kazi Wali Muhammad learned counsel for the State, has not opposed the confirmation of bail as there is a dispute of civil nature between the parties and the F.I.R. was registered on 18‑8‑2002 whereas Iqrarnama was written on 25‑4‑2002, but in the F.I.R. the date and time is not mentioned about the commission of the offence. I have considered the arguments and perused the record. As per agreement, dated 25-4‑2002 arrived at between the parties it is clear that there is dispute of civil liability and it is also alleged that the complainant had motivated the criminal proceedings to pressurize the applicant/ accused. I, therefore, accept this bail application and confirm the interim bail, granted earlier. The applicant is directed to join the investigation as and when required. H.B.T./U‑33/K Pre‑arrest interim bail confirmed.