2007 PLP 1085 (YLR)
IMRAN RAZA and another — Applicants Versus THE STATE — Respondent
| Citation | 2007 PLP 1085 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Saiyed Saeed Ashhad, C.J. |
| Parties | IMRAN RAZA and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1085 (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 2007 PLP 1085 (YLR)?
The case was heard and decided by the Karachi bench comprising: Saiyed Saeed Ashhad, C.J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1085 (YLR) (IMRAN RAZA and another — Applicants 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.406 & 420
Accused had submitted that bailable warrants were never received or served upon them, which subsequently led to the order for issuance of non-bailable warrants as a result of which they had approached High Court for grant of protective bails
In view of fact that both complainant and accused were residents of place 'K' as well as alleged incident which led to filing of the direct complaint had also taken place at 'K' filing of the direct complaint, at place 'S' appeared to be with mala fide intention--Protective bails were granted to accused, in circumstances
Said bails would be valid for a period of ten days or till such time when accused would surrender themselves before the Trial Court, whichever was earlier. Saathi M. Ishaque for Applicants.
Judgment & Decree
SAIYED SAEED ASHHAD, C.J.
It has been submitted on behalf of the applicants that complainant Noor Muhammad Khawaja, who has filed a direct complaint in the Court of Judicial Magistrate, Sehwan is resident of Karachi and the alleged transaction of forgery and cheating also took place at Karachi but the complainant with a view to harass and humiliate the applicants had filed the direct complaint at Sehwan. In view of the above, this application is allowed and permission is granted for filing and hearing of this protective bail application at .the principal seat.
2. Granted subject to all just exceptions.
3. This protective bail application under section 498, Cr.P.C. for grant of protective bails has been moved on behalf of applicants Imran Raza and Kamran Raza, against whom non-bailable warrants have been issued by Judicial Magistrate, Sehwan in direct Complaint No.47 of 2001 under sections 406/420, P.P.C., as they failed to present themselves before the said Judicial Magistrate on the basis of bailable warrants issued against them. It has been submitted on behalf of the applicants that the bailable warrants were never received or served upon them, which subsequently led to the order for issuance of non-bailable warrants as a result of which they have approached this Court for grant of protective bails. In view of the fact that both the complainant and the applicants are residents of Karachi as well as the alleged incident which led to filing of the direct complaint had also taken place at Karachi the filing of the direct complaint at Sehwan appears to be with mala fide intention. In view of the above, protective bails are granted to the applicants on furnishing solvent sureties in the sum of Rs.50,000 (Rupees fifty thousands only) each, and P.R. bonds in the like amount to the satisfaction of the Nazir of this Court. The protective bails shall be valid for a period of ten days from today or till such date when the applicants surrenders themselves before the trial Court, whichever is earlier. H.B.T./I-3/K Bail granted.