MLD 2006

2006 PLP 103 (MLD)

ASIF — Applicant Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
merits---If complainant was not examined within specified period, applicant would stand admitted to bail
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2006 PLP 103 (MLD)
Forum / Court Karachi
Bench Members N/A
Parties ASIF — 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 2006 PLP 103 (MLD)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2006 PLP 103 (MLD)?

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: 2006 PLP 103 (MLD) (ASIF — 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)

Headnotes / Summary

S. 497

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)

Bail grant of

Bail was sought on the grounds that no theft property of the complainant was recovered from the accused; that one of co-accused stood admitted to bail by Trial Court for the reason that complainant had filed affidavit stating therein that his name was given due to bona fide mistake of misidentification

Bail application was disposed of with the direction to the Trial Court to examine complainant within specified period, whereafter applicant/accused would file fresh bail application, which would be heard and decided on merits

If complainant was not examined within specified period, applicant would stand admitted to bail.

Judgment & Decree

AZIZULLAH M. MEMON, J.

The bail plea is urged on the grounds that no recovery is alleged against applicant/accused Asif regarding the property, which complainant alleged to have been committed theft of by the applicant/accused with co-accused persons, that one of the co-accused namely Abdul Ghaffar stands admitted to bail by the trial Court for the reason that complainant of the case filed an affidavit before it, stating therein that his name was given due to bona fide mistake of misidentification. Under the circumstances, this application is hereby disposed of with the direction to the trial Court to examine the complainant of the case within sixty days of receipt of this order, whereafter, the applicant shall file fresh bail application before it, which shall be heard and decided on its own merits. In case, the complainant is not examined within the above stated period, the applicant shall stand admitted to bail in the sum of Rs.200,000 (Two lac) and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./A-265/K????????????????????????????????????????????????????????????????????????????????? Order accordingly.