2009 PLP 192 (YLR)
GHULAM MUJTABA — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 192 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mrs. Qaiser Iqbal and Syed Mahmood Alam Rizvi, JJ |
| Parties | GHULAM MUJTABA — 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 192 (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 192 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mrs. Qaiser Iqbal and Syed Mahmood Alam Rizvi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 192 (YLR) (GHULAM MUJTABA — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.123 & 124
Anti-Terrorism Act (XXVII of 1997), S.11-F(1), (b) (ii)
Pre-arrest bail, confirmation of
Mala fides appeared on the part of the Investigating Agency to book accused in the commission of the crime
Recovery was effected from a place accessible to all, free and open
Punishment provided under the charged offence being less than 10 years, accused was entitled to concession of bail
Interim pre-arrest bail granted to accused, was confirmed on the same terms and conditions. Mehmood A. Qureshi for Applicant. Habib Ahmed, A.A.-G. for the State
Judgment & Decree
Granted as it has served the purpose.
2. The applicant has applied for pre-arrest bail in crime No.298/2007 under section 11-F(1) (b) (ii) of Anti-Terrorism Act, 1997 read with sections 123/124, P.P.C. registered at PS Mubina Town, Karachi. He was admitted on interim pre-arrest bail vide order dated 15-1-2008 which has come up for confirmation or otherwise. Learned counsel for applicant has primarily contended that the applicant was not present in his room of NED Hostel when the alleged material was recovered by the Investigating Officer, which was accessible to all, therefore, in all fairness it could not be held that the material secured from the applicant's room belonged to him. It is next urged that the applicant has been connected with the crime on the basis d f statement of the main accused Waqas who was arrested from the place of incident and has been challaned to face the trial. It is stated that the applicant is the student of final year Mechanical Engineering, has no affiliation with any organization. In case of his false involvement his entire career would be at stake and his further shall be jeopardized. It is also pointed out that the name of the applicant appears in column No. 2 of the challan whereas a new set of accused has been booked as depicted in the F.I.R, manifestly shows mala fide on the part of Investigating Agency. Learned counsel for the State Mr. Habib Ahmed has vehemently opposed the bail application. We have considered the arguments advanced at Bar. On account of discrepancies in the submission of the F.I.R. and challan by the Investigating Officer showing two sets of the accused. We are of the considered view that there appears mala fide on the part of the Investigating Agency to book the applicant in the commission of the crime. More particularly, when the recovery was effected from a place accessible to all free and open. In any view of the matter, the punishment provided under the charged offence is less than 10 years, therefore, the applicant is entitled to the concession of bail. Interim bail, granted to the applicant, hereby stands confirmed on the same terms and conditions. Applicant is directed to join the proceeding pending before trial Court. H.B.T/G-25/K Bail confirmed.