2009 PLP 1112 (YLR)
KAMRAN — Applicant Versus THE STATE and another — Respondents
| Citation | 2009 PLP 1112 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Salman Ansari, J |
| Parties | KAMRAN — Applicant Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1112 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1112 (YLR)?
The case was heard and decided by the Karachi bench comprising: Salman Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1112 (YLR) (KAMRAN — Applicant Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(5)
Cancellation of bail, application for
Complainant had contended that accused was granted bail by the Trial Court without considering that sufficient evidence was available on record to connect him with the case; that Trial Court had not considered that F.I.R. was lodged on the day of incident, deceased was taken to the hospital and the empties tallied with the weapon recovered from accused
Contention raised required consideration--Pre-admission notice was issued to accused party and meanwhile order granting bail to accused was suspended, however no release order was issued as accused had not yet been released, till further orders. M. Ashraf Qaiser for Applicant. Ms. Shahida Jadoon, Standing Counsel.
Judgment & Decree
1. Granted.
2. Learned counsel for applicant undertakes to furnish required certified copies of the annexures. 3&
4. Notice has been waived by Ms. Shahida Jadoon learned State counsel it is contended that the accused Rashid Khan was granted bail by the learned IInd Additional Sessions Judge, Karachi-Central by order dated 15-10-2008 without considering that there is "sufficient evi dence connecting the accused with the case and, reasons given,.. "The complainant and Mst: Shabana are related inter se and it is very possibility that complainant and Mst: Shabana in collusion with each other has involved the present accused in this false case". That the learned lower Court has not considered that the F.I.R. was lodged on the day of incident and the deceased was taken to the hospital and the empties tally with the weapon recovered from the accused without considering there was sufficient evidence, bail was granted. The contentions raised require consideration. Issue pre-admission notice to the respondents. In meanwhile, order dated 15-10-2008 granting bail to the accused Rashid Khan s/o Sardar Khan is suspended. No release order be issued as the learned counsel for the applicant states that the accused has not yet been released, till further orders. Call for R&P. of this case from the trial Court and the police papers. Office to issue intimation immediately for compliance to the Court without any delay. H.B.T./K-34/K Order accordingly.