1999 P Cr (PLP)
AMIR HAYAT‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 1999 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Sabihuddin Ahmed, J |
| Parties | AMIR HAYAT‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 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 1999 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Sabihuddin Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 P Cr (PLP) (AMIR HAYAT‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑Ss. 497 & 173(1)(b)‑‑‑Penal Code (XLV of 1860), S.411/468/471/473‑‑ Bail‑‑‑Even interim challan under S.173(1)(b), Cr.P.C. was not filed within seventeen days‑‑‑Accused was allowed bail. Iqbal Ahmed for Applicant. Sharafat Ali Khan for the State.
Judgment & Decree
Iqbal Ahmed for Applicant. Sharafat Ali Khan for the State. Applicant Amir Hayat is charged with offence under sections 411 /468/ 471 and 473, P.P.C. pursuant to F.I.R. No.86 of 1998, Police Station Shah Faisal Colony. It is alleged that the applicant was found in possession of stolen property (car) and some instruments and material which can be used for changing number plates, chassis number etc. were also found from his possession. Mr. M. Iqbal Ahmed, learned counsel for the applicant, however, before touching upon the merits of the case argued that the applicant was arrested on 11‑5‑1998 and according to section 173(1)(b) a challan at least an interim challan was required to be filed within a maximum period of seventeen (17) days allowed by law. Admittedly no such challan was filed. Consequently, according to law, his detention is unlawful and he is at least entitled to bail. Reliance has been placed, inter alia, on a judgment of this Court in Moosa v. The State 1996 PCr.LJ 361 and of the Lahore High Court in Muhammad Yaseen v. State NLR 1998 Cr.LJ
332. Mr. Sharafat Ali Khan, learned counsel for State concedes the above legal position and submits that the maximum punishment provided for the alleged offences is seven (7) years' R.I. In view of the above, I would grant this application and direct that the applicant be released from custody upon furnishing solvent surety in the amount of Rs.50,000 (Rupees fifty thousand only) with P.R. bond in the like amount, subject to the satisfaction of the trial Court unless he is required in any other case. C.M.A./M.A.K./A‑310/K Bail granted.