1999 PLP 1234 (MLD)
Syed MUHAMMAD RAZA ZAIDI and another — Applicants Versus THE STATE — Respondent
| Citation | 1999 PLP 1234 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Syed MUHAMMAD RAZA ZAIDI and another — Applicants Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 1234 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1234 (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: 1999 PLP 1234 (MLD) (Syed MUHAMMAD RAZA ZAIDI and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Learned Advocates for applicants have requested for bail on the ground that applicants have been falsely implicated in the case and the ingredients of offence under section 399/402, P.P.C. are not made out. They have referred to decision reported in MLD 1991 Page 433. They have also cited other decisions which are also mentioned in paragraph 4 of the bail application bearing No.456 of 1996.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), 5.399/402
Whether the offence allegedly committed by the accused fell within the purview of Ss.399 & 402, P.P.C. was yet to be determined
Case against accused, also required further inquiry
Judgment & Decree
S. Mehmood Alain Rizvi for Applicants (in Criminal Bail Application No. 456 of 1996). Khawaja Sharful Islam for Applicant (in Criminal Bail Application No. 463 of 1996). Sarwar Khan, Asstt. A.-G. for the State. Two Bail Applications bearing No.456 of 1996 and 463/96 are being disposed of through this order. The F.I.R. in this case was registered on 24-9-1995 for offences under section 399/402, P.P.C. The complainant S.H.O./S.I. Sarfraz Khan of Police Station Brigade Karachi has stated in the F.I.R. that he was on patrolling duty with his police staff when he received spy information that 5/6 accused persons were standing with intention to commit some offence. He alongwith police party proceeded to the spot and surrounded the accused persons. The accused persons were arrested and from their personal search 1. Accused Muhammad Amir produced one KK with 24 rounds, 2. Accused Syed Qalandar produced one Pistol of 32-bore loaded with three rounds, 3. Accused Muhammad Aijaz produced one pistol. 4. Accused Ahmed Khan produced one Carbine alongwith one cartridge., 5.Accused Ali Abbas produced one double-edge dagger and 6.Accused Syed Muhammad Raza produced one revolver of 32 bore with three cartridges. All the weapons were taken into custody by police. Learned Advocates for applicants have requested for bail on the ground that applicants have been falsely implicated in the case and the ingredients of offence under section 399/402, P.P.C. are not made out. They have referred to decision reported in MLD 1991 Page 433. They have also cited other decisions which are also mentioned in paragraph 4 of the bail application bearing No.456 of 1996. Learned State Counsel has opposed the grant of bail to the applicants submitting that the accused are residents of Malir Extension Area but they were found in Jacob-lines Area duly armed with deadly weapons their intention is obvious because they were far away from their house and they had gathered there for no other purpose but to commit the offence. Keeping in view the facts and circumstances, it is to be determined whether the applicants have committed the alleged offence and also it is matter of further enquiry, therefore, we grant bail to the applicants subject to furnishing of surety in the sum of Rs.1,00,000 Rupees one lac) by each applicant and P.R. Bond in the like amount to the satisfaction of trial Court. N.H.Q./M-201/K Bail allowed.