1999 P Cr (PLP)
KHALID TAQI — Applicant Versus THE STATE — Respondent
| Citation | 1999 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | KHALID TAQI — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 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: 1999 P Cr (PLP) (KHALID TAQI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302/34
Bail application was rejected by Trial Court on ground that accused was involved in seven criminal cases and that alleged offences being of heinous nature, accused was habitual, desperate and hardened criminal
View taken by Trial Court was erroneous, because mere pendency of cases against accused was no ground to treat him as habitual, hardened and desperate criminal
Judgment & Decree
Criminal Bail Application No.501 of 1998, decided on 3rd June, 1998.
S. 497
Penal Code (XLV of 1860), S.302/34
Bail application was rejected by Trial Court on ground that accused was involved in seven criminal cases and that alleged offences being of heinous nature, accused was habitual, desperate and hardened criminal
View taken by Trial Court was erroneous, because mere pendency of cases against accused was no ground to treat him as habitual, hardened and desperate criminal
Accused was admitted to bail. Mounder and others v. The State PLD 1994 SC 934; Muhammad Rafiq v. The State 1997 SCMR 412; Ghulam Abbas v. The State 1997 MLD 1743 and Muhammad Ashraf alias Achoo v. The State 1990 ALD 635(1) ref. Sardar M. Ishaque for Applicant. Agha Zafir for the State. The applicant/accused is involved in Crime No.37 of 1992 registered at Police Station Jamshed Quarters, Karachi for the offences under section 302/34, P.P.C. It is alleged that alongwith three other culprits they murdered deceased Shujaat Ali son of the complainant as alleged by her in the F.I.R. recorded on 13-2-1992. Neither the complainant nor anybody else saw the alleged incident. It is pointed out by the learned State Counsel that two culprits namely Naeem Sharri and Ayaz Ahmed have been murdered and Javed Langra has been shown as absconder in the challan. The applicant/accused was arrested on 15-5-1996 after the lapse of more than 4 years. His bail application was rejected on merits by this Court on 16-3-1998. Thereafter, he repeated his bail application only on the ground of statutory delay as two years have passed and the trial has not concluded as yet. According to the learned defence counsel only the charge has been framed and no witness has been examined. The report obtained from the jail authorities indicate that the applicant/accused is involved in 7 criminal cases. His bail application was rejected by the learned trial Court solely on the ground that since he is involved in 7 criminal cases and the alleged offences are of heinous nature, therefore, he is habitual, desperate and hardened criminal. The view taken by the learned trial Court is erroneous and against the well-settled law. Mere pendency of cases is no ground to treat an accused as habitual, hardened and desperate criminal. Therefore, respectfully following the law laid down by the Honourable Supreme Court in Mounder and others v. The State PLD 1994 SC 934, Muhammad Rafiq v. The State 1997 SCMR 412, Ghulam Abbas v. The State 1997 MLD 1743 and Muhammad Ashraf alias Achoo v. The State 1990 ALD 635(1) the applicant/accused is admitted to bail in the sum of Rs.1,00,000 (Rupees one lac) with P.R. Bond in the like amount to the satisfaction of the learned trial Court. H.B.T./K-50/K Bail granted.