PCRLJ 2004

2004 P Cr (PLP)

SAHIB DINO alias SABOO — Applicant Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
2001-May-31
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2004 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties SAHIB DINO alias SABOO — Applicant Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2004 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 2004 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: 2004 P Cr (PLP) (SAHIB DINO alias SABOO — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • The main contention of Mr. Nisar Ahmed Abro, Advocate for the applicant before us is that the present applicant is behind the bars since 17-1-1995 and he has created right of bail on the ground of statutory delay and as far as the main case being Crime No.3 of 1995 under section 302, P.P.C. is concerned, the present applicant will move before the trial Court for grant of bail in the light of the directions of this Court when the two months will be elapsed.
  • Since the present applicant is behind the bars for the last more than two years and the offence is under section 13(e), Arms Ordinance which is punishable at the most viz. seven years maximum and minimum three years and in view of no objection given by Mr. Abdul Fatah Mughal, Advocate for A.A.-G. for the State that the offence is only punishable with ,seven years and is not being covered by prohibitory clause of section 497(1), Cr.P.C. and at the same time, the accused is behind the bars since 17-1-1995 and on such no objection we are granting bail to the present applicant in the sum of Rs. one lac and P.R. Bond in the like amount to the satisfaction of trial Court.

Headnotes / Summary

S. 497

West Pakistan Arms Ordinance (XX of 1965), S. 13(e)-- Bail, grant of

Accused was behind the bars for the last more than two years and offence under S. 13(e) of West Pakistan Arms Ordinance, 1965 was punishable at the most seven years maximum and minimum three years

Offence against accused was not covered by prohibitory clause of S. 497(1), Cr.P.C. and State Counsel had no objection if bail was granted to the accused

Accused was admitted to bail, in circumstances.

Judgment & Decree

The present applicant is seeking bail in Crime No.7 of 1995 registered with Police Station Waggan under section 13(e), Arms Ordinance. He moved bail application before the trial Court, but without success, hence this application. The present case bearing Crime No.7 of 1995 under section 13(e), Arms Ordinance is off shoot of Crime No.3 of 1995 in which the present applicant was refused bail by the trial Court and thereafter he moved bail application before this Court and the directions were given by this Court to the trial Court to conclude the trial within two months. The main contention of Mr. Nisar Ahmed Abro, Advocate for the applicant before us is that the present applicant is behind the bars since 17-1-1995 and he has created right of bail on the ground of statutory delay and as far as the main case being Crime No.3 of 1995 under section 302, P.P.C. is concerned, the present applicant will move before the trial Court for grant of bail in the light of the directions of this Court when the two months will be elapsed. Since the present applicant is behind the bars for the last more than two years and the offence is under section 13(e), Arms Ordinance which is punishable at the most viz. seven years maximum and minimum three years and in view of no objection given by Mr. Abdul Fatah Mughal, Advocate for A.A.-G. for the State that the offence is only punishable with ,seven years and is not being covered by prohibitory clause of section 497(1), Cr.P.C. and at the same time, the accused is behind the bars since 17-1-1995 and on such no objection we are granting bail to the present applicant in the sum of Rs. one lac and P.R. Bond in the like amount to the satisfaction of trial Court. H.B.T./S-44/K Bail granted.