2008 P Cr (PLP)
Syed ASIF MATEEN ZAIDI and 3 others — Applicants Versus THE STATE — Respondent
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Syed ASIF MATEEN ZAIDI and 3 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 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 2008 P Cr (PLP)?
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 P Cr (PLP) (Syed ASIF MATEEN ZAIDI and 3 others — Applicants 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.319 & 322/34
Final challan presented did not refer to any material having been collected on the basis of investigation in place of the original allegation contained in the F.I.R.
Section 322, P.P.C. had been added with the sheer object to make out non-bailable offence
High Court had confirmed pre-arrest bail granted to co-accused as case of accused was at par to co-accused who had already been admitted on pre-arrest bail
Accused were also entitled to some concession
State counsel had conceded to the grant of pre-arrest bail in favour of accused
Taking into consideration the principle of consistency, accused were admitted on pre-arrest bail on the same terms and conditions as were contained in interim pre-arrest order.
Judgment & Decree
MRS. QAISER IQBAL, J.
The applicants have applied for pre-arrest bail under section 498, Cr.P.C. in Crime N6.97 of 2007 under sections 319/322/34, P.P.C. registered at Police Station Shah Latif Town, they were admitted on interim Pre-Arrest bail vide order dated 28-9-2004 which has now come up for conformation or otherwise. The allegations contained in the First Information Report are that during the course of performance of subcontract awarded to Messer Railcop Pakistan Railway engaged in the construction and supervision of Fly-over project in Pakistan Steel Mill, dug a hole on the main road affixed two inch iron pipe without any reflection tape, rotary light or other indication so as to caution motorcycle riders and motorcyclists during night time. The complainant's son on.2nd March, 2007 was riding on motorcycle during night hours could not see the pipes dashed, fell in the hole, sustained injuries which turned out to be fatal, First information report was registered under section 319, P.P.C. in which the Chairman Pakistan Steel Mill, Project Director Railcop Pakistan Railway along with applicants were involved. The offence under section 319, P.P.C. being bailable the applicants were admitted on pre-arrest bail by the trial Court, subsequently the offence was converted to section 322 in the final challan. Concession of bail granted to the applicants was withdrawn, bail application filed for pre-arrest bail was dismissed. Learned counsel contends that the final challan presented does not refer to any material having been collected on the basis of investigation in place or the original allegation contained in the F.I.R. section 322 has been added with the sheer object to make out none bailable offence. It is next urged that in Criminal Bail Application No.873 of 2007 this Court has confirmed the pre-arrest bail granted to the co-accused vide order dated 8-10-2007 the case of the present applicants is at par to the co-accused already admitted on pre-arrest bail therefore applicants are also entitled to the same concession. Learned State counsel has conceded to the grant of pre-arrest bail in favour of the applicants. Taking into consideration the principle of consistency, the applicants are also admitted on pre-arrest bail on the same terms and conditions as are contained in interim pre arrest order. H.B.T./A-107/K Bail granted.