1997 PLP 1904 (MLD)
TAHIR JOHN MASIH‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 1904 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Abdul Latif U. Qureshi and Ali Muhammad Baloch, JJ |
| Parties | TAHIR JOHN MASIH‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 1904 (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 1997 PLP 1904 (MLD)?
The case was heard and decided by the Karachi bench comprising: Abdul Latif U. Qureshi and Ali Muhammad Baloch, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1904 (MLD) (TAHIR JOHN MASIH‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑West Pakistan Arms Ordinance (XX of 1965), S 13‑D‑‑‑Bail, grant of‑‑‑Accused according to record was about 15 years of age‑‑‑One .30 bore pistol was allegedly recovered from the possession of accused, description of which was not given in the F.I.R. and as such it might not fall within the Schedule attached to Suppression of Terrorist Activities (Special Courts) Act, 1975‑‑‑Case against accused, thus, required further inquiry and he was admitted to bail accordingly. Shaikh Ehsan Ellahi for Applicant. Zawar Hussain Jaferi holding brief for Shafi Memon, A.A.‑G.
Judgment & Decree
‑‑‑‑S.497(2)‑‑‑West Pakistan Arms Ordinance (XX of 1965), S 13‑D‑‑‑Bail, grant of‑‑‑Accused according to record was about 15 years of age‑‑‑One .30 bore pistol was allegedly recovered from the possession of accused, description of which was not given in the F.I.R. and as such it might not fall within the Schedule attached to Suppression of Terrorist Activities (Special Courts) Act, 1975‑‑‑Case against accused, thus, required further inquiry and he was admitted to bail accordingly. Shaikh Ehsan Ellahi for Applicant. Zawar Hussain Jaferi holding brief for Shafi Memon, A.A.‑G. The applicant Tahir John Masih is involved in Crime No. 170 of 1995 under section 13‑D of the Arms Ordinance. S.H.O. Abdul Qayyum, P.S. Landhi has recovered the .30 bore pistol with 4 live cartridges from the fold of the Shalwar of the accused for which the accused was unable to produce any licence. He has been challaned under section 13‑D of Arms Ordinance in the Court of Special Judge, Suppression of Terrorist Activities, Karachi. The contention of the learned counsel for the applicant is that the applicant is a minor, aged about 15 years. He has also produced age certificate signed by Police Surgeon Karachi. The record shows that the applicant is about 15 years old and the contention is that certificate of baptism shows his date of birth as 11th March, 1980. The other factor involved in this case is of recovery of a .30 bore pistol, description of which is not given in the F.I.R. as such, it may not fall under the schedule of the weapons under the Suppression of Terrorist Activities Act. In view of the above, and we considering the age of the applicant as well as recovery of a .30 bore pistol, the case requires further inquiry to find out whether the weapon from the applicant was automatic or semi‑automatic, we are of the opinion the applicant is entitled to be released on bail at this stage. This bail application is allowed. The applicant is admitted to bail on his furnishing one surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court. N.H.Q./T‑6/K Bail allowed.