2008 P Cr (PLP)
BASHIR AHMED — Applicant Versus THE STATE-Respondent
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | BASHIR AHMED — Applicant 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) (BASHIR AHMED — Applicant Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 497---Penal Code (XLV of 1860), Ss.302, 404 & 149---Bail, grant of---Accused was in custody since 31-10-2003 and High Court while dismissing bail application in its order dated 31-1-2007 had directed the Trial Court to record the evidence of prosecution witnesses within three months---Trial Court in its impugned order, rejecting bail application had stated that record of the case along with other cases, was burnt by the mob after assassination of Mohtarma Benazir Bhutto and had sought necessary permission for reconstruction of the record, which had been granted---Counsel for accused had stated that in such circumstances it was a hardship case as it was not known as to how long it would take to reconstruct the record---Assistant Advocate-General had Agreed to the contentions raised by the counsel for accused---In view of inordinate delay in disposal of the case and non-compliance of the direction by the trial Court as given by the High Court, and burning and reconstruction of the record of the Trial Court, case was held as case of hardship---Bail was granted to accused, in circumstances.
- Mushtaq Ahmed Abbasi, Assistant Advocate-General.
- The learned Assistant Advocate-General, agrees to the contentions raised by the learned counsel for the applicant and states that this case pertains to the special circumstances, inasmuch as that once direction was given by this Court by order, dated 31-1-2007, the trial Court should have complied with the same. Moreover, the record has been burnt. He has no objection if the accused is granted bail.
- I have heard the learned counsel for the applicant as well as Mr. Mushtaq Ahmed Abbasi, learned Assistant Advocate-General, and have perused the record.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302, 404 & 149
Accused was in custody since 31-10-2003 and High Court while dismissing bail application in its order dated 31-1-2007 had directed the Trial Court to record the evidence of prosecution witnesses within three months
Trial Court in its impugned order, rejecting bail application had stated that record of the case along with other cases, was burnt by the mob after assassination of Mohtarma Benazir Bhutto and had sought necessary permission for reconstruction of the record, which had been granted
Counsel for accused had stated that in such circumstances it was a hardship case as it was not known as to how long it would take to reconstruct the record
Assistant Advocate-General had Agreed to the contentions raised by the counsel for accused
In view of inordinate delay in disposal of the case and non-compliance of the direction by the trial Court as given by the High Court, and burning and reconstruction of the record of the Trial Court, case was held as case of hardship
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
The present application has been moved on behalf of applicant Bashir Ahmed, who is in custody since 31-10-2003. This Court by order, dated 31-1-2007 was pleased to direct the trial Court to record the evidence of prosecution witnesses within three months and the bail application of the applicant was dismissed. The learned trial Court has written in the impugned order rejecting the bail application that R&Ps of the present case along with other cases were burnt by the mob on 27-12-2007 after assassination of Mohtarma Benazir Bhutto and Court has sought necessary permission for reconstruction of the record, which has been granted to the Court by order, dated 8-3-2008. The learned counsel for the applicant states that in the circumstances it is a hardship case and it is not known as to how long it will take to reconstruct the record because that is also not an easy job. The learned Assistant Advocate-General, agrees to the contentions raised by the learned counsel for the applicant and states that this case pertains to the special circumstances, inasmuch as that once direction was given by this Court by order, dated 31-1-2007, the trial Court should have complied with the same. Moreover, the record has been burnt. He has no objection if the accused is granted bail. I have heard the learned counsel for the applicant as well as Mr. Mushtaq Ahmed Abbasi, learned Assistant Advocate-General, and have perused the record. Keeping in view the inordinate delay in disposal of the case and non-compliance of the direction given by this Court, and burning and reconstruction of the record of the trial Court, I hold this as a case of hardship and grant bail to the applicant upon furnishing surety in the sum of Rs.200,000 (Rupees two lacs) and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./B-34/K Bail granted.