1994 P Cr (PLP)
ALI MURAD and another — Applicants Versus THE STATE — Respondent
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ALI MURAD and another — Applicants Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 P Cr (PLP)?
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: 1994 P Cr (PLP) (ALI MURAD and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- It has been argued on behalf of the applicants that no mutation entries were either tampered or freshly kept in the Revenue records by these applicants and the allegations against them are ill-founded. It is also argued that the entire record has been taken by the A.C.E., Thatta and there would possibly be no tampering with such record. Last contention of the learned Advocate is that in such cases where the public servants are involved, it takes long to obtain sanction to prosecute the accused.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), S.420/465/468/471-A/477/218/34
Allegations in the F.I.R. were general in nature and were not shown to be well-founded
Case of accused, therefore, required further inquiry
Interim pre-arrest bail granted to accused was confirmed in circumstances.
Judgment & Decree
Fareed Ahmed Dayo for Applicants. S. Amjad Ali Shah, AA.-G. for the State. Applicants who are accused in F.I.R. No.4/1994 of A.C.E., Thatta under sections 420, 465, 468, 471-A, 477, 218 and 34, P.P.C. have approached this Court for pre-arrest bail after similar application moved on their behalf is dismissed by the learned Special Judge, Anti-Corruption (Provincial), Hyderabad. The F.I.R. was lodged on behalf of the State by one Dharamdase, Circle Officer, A.C.E., Thatta who stated that on the basis of an application moved by Ghulam Rasool Jekhio, it was found that the applicants had tampered with record and changed the mutation entries. Because the applicants were apprehending their imminent arrest, they surrendered before Special Judge, Anti-Corruption (Provincial), Hyderabad and sought pre-arrest bail which is not granted. I have heard the learned counsel for the applicants and the AA: G. The latter states that he has not yet received the police papers and would not therefore, be able to argue this application. None had appeared for the State on 24-3-1994 when this applicatiqp was adjourned. It has been argued on behalf of the applicants that no mutation entries were either tampered or freshly kept in the Revenue records by these applicants and the allegations against them are ill-founded. It is also argued that the entire record has been taken by the A.C.E., Thatta and there would possibly be no tampering with such record. Last contention of the learned Advocate is that in such cases where the public servants are involved, it takes long to obtain sanction to prosecute the accused. The allegations in the F.I.R. are general in nature and nothing has been brought on record by the learned counsel appearing for the State that the allegations against the applicants are well-founded. Their case, in my view, requires further enquiry and I am inclined to grant pre-arrest bail to the applicants. Interim pre-arrest bail granted to the applicants on 10-3-1994 is hereby confirmed on the same terms and conditions. The applicants shall however, appear before the trial Court and furnish fresh surety there. N.H.Q./A-1463/K Pre-arrest bail granted.