2008 PLP 449 (MLD)
SHABBIR-UL-HASSAN — Applicant Versus Syed ZAHID HUSSAIN and another — Respondents
| Citation | 2008 PLP 449 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SHABBIR-UL-HASSAN — Applicant Versus Syed ZAHID HUSSAIN and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 449 (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 449 (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 449 (MLD) (SHABBIR-UL-HASSAN — Applicant Versus Syed ZAHID HUSSAIN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497(5)
Once an accused was admitted to bail, then very strong circumstances were needed for the purpose of cancellation of such order of grant of bail; and that same could not be directed on the basis of evidence which was yet to be properly appraised by the Trial Court itself at the conclusion of the trial
No reason having been shown for directing to cancel bail granted to accused, application for the cancellation of bail was dismissed.
Judgment & Decree
AZIZULLAH M. MEMON, J.
Heard learned counsel for the parties. The respondent/accused was admitted to bail in this bail application vide order, dated 8th November, 2006 on the basis of the deposition of Mst. Shahana recorded by the trial Court, .and further observation was recorded for not expressing any observation on the evidence recorded by the trial Court, which was likely to effect the final decision of the learned trial Court. Learned counsel for the applicant has relied upon the extra-judicial confessional statement allegedly made by the accused/respondent No.1 before a police official and before P.W. Shabbir-ul-Hassan. The question to be resolved by the trial Court would be as to whether, under the peculiar facts and circumstances of the case, the extrajudicial confessional statement of the accused/respondent No.1 would suffice for arriving at a definite conclusion of the offence having been committed at his hands. It is a settled principle of law that once an accused is admitted to bail, then very strong circumstances need for the purpose of cancellation, of such order of grant of bail, and that the same cannot be directed on the basis of evidence which is yet to be said properly appraised by the trial Court itself at the conclusion of the trial. There is no reason for directing to cancel the bail granted to accused/respondent No.1 and therefore, this criminal miscellaneous application is hereby dismissed in limine together with the listed application; however, the trial Court shall be at liberty to direct for cancellation of bail of the accused as and when strong evidence comes on the record of the case, for all such purposes as directed under, the settled principles of law, relevant, thereto. H.B.T./S-104/L Application dismissed.