2009 PLP 2258 (YLR)
MUHAMMAD ALLAHUDDIN — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 2258 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ali Sain Dino Metlo, J |
| Parties | MUHAMMAD ALLAHUDDIN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 2258 (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 2258 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ali Sain Dino Metlo, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2258 (YLR) (MUHAMMAD ALLAHUDDIN — 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)
Penal Code (XLV of 1860), Ss.435 & 436-Bail, grant of
Accused who was arrested on 9-3-2007, was continuously in custody without any progress in the trial
Despite issuance of repeated notices by the Trial Court, the prosecution had failed to produce any witness
Offence against accused under S.435, P. P. C. was punishable with imprisonment, which would nor be less than two years nor more than seven years, which did not come within the prohibitory clause of S.497, Cr.P.C.
No allegation was levelled that accused intended to set the building of the factory or the office on fire
No damage was shown to have been caused to the building
Applicability of S.436, P.P.C., which related -to destruction of any building, in circumstances, required further inquiry as contemplated by subsection (2) of 5.497, Cr. P. C.
No special reasons were available for refusing bail to accused-particularly when he had remained in custody for more than a year, without any progress in the trial
Accused was released on bail, in circumstances. S. Nadeem-ul-Haq for Applicant. Kausar Naz Naqvi for the State Counsel.
Judgment & Decree
ALI SAIN DINO METLO, J.--Heard learned counsel for the applicant and the learned State counsel. The latter has opposed bail.
2. The allegation against the applicant is that on 9-3-2007 at 2330 hours, he burnt some clothes of complainant Muhammad Jehangir's customers lying in the office of his embroidery factory situated in Sector 14-C, Orangi Town, Karachi and also set on fire a motorcycle parked outside the factory. He did so because he was annoyed on his removal from the service of the factory.
3. The applicant was arrested on 9-3-2007 and is continuously in custody without any progress in the trial. Learned counsel for the applicant states that despite issuance of repeated notices by the trial Court, the prosecution has failed to produce any witness.
4. The offence is punishable under section 435, P.P.C. with imprisonment, which shall not be less than two years nor more than seven years. There is no allegation that the applicant intended to set the building of the factory or of the office on fire. Nor any damage is shown to have been caused to the building. In such circumstances, applicability of section 436, P.P.C., which relates to destruction of any building,' requires only further inquiry as contemplated by subsection (2) of section 497 of the Code of Criminal Procedure, 1898.
5. Apparently, the offence does not come within the prohibitory clause of section 497, Cr.P.C. and there are no special reasons for refusing bail to the applicant particularly when he has remained in custody for more than a year, without any progress in the trial. Accordingly, he is directed to be released on bail on giving one surety in the sum of Rs.50,000 and personal bond in the like amount to the trial Court. H.B.T./M-172/K Bail granted.