2005 PLP 857 (YLR)
SABIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 857 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Rahmat Hussain Jafferi, J |
| Parties | SABIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 857 (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 2005 PLP 857 (YLR)?
The case was heard and decided by the Karachi bench comprising: Rahmat Hussain Jafferi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 857 (YLR) (SABIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- The learned Advocate for the applicant has stated that the name of the applicant has not been mentioned in the F.I. R.; that Datsun was recovered on 26‑12‑2001 from the possession of the co- accused Ali Gohar; that the complainant in his further statement recorded on 25‑2‑2002 has implicated the present applicant which is unbelievable as it was recorded after the recovery of Datsun Pick‑up. The learned A.A.‑G. has conceded the above position and has no objection to the grant of bail.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)‑‑‑Bail, grant of‑‑-Name of accused was not mentioned in the F. I. R.‑‑ Vehicle in question was recovered after more than three years of the occurrence from possession of co‑accused‑‑Complainant had implicated accused in his further statement recorded after more than five months from alleged occurrence which was unbelievable as said statement was recorded after recovery of vehicle in question‑‑‑Accused, in circumstances was entitled to concession of bail. Nisar Ahmed G. Abro for Applicant. Ali Azhar Tunio, A.A.‑G. for the State.
Judgment & Decree
‑‑‑‑S.497‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)‑‑‑Bail, grant of‑‑-Name of accused was not mentioned in the F. I. R.‑‑ Vehicle in question was recovered after more than three years of the occurrence from possession of co‑accused‑‑Complainant had implicated accused in his further statement recorded after more than five months from alleged occurrence which was unbelievable as said statement was recorded after recovery of vehicle in question‑‑‑Accused, in circumstances was entitled to concession of bail. Nisar Ahmed G. Abro for Applicant. Ali Azhar Tunio, A.A.‑G. for the State. The incident of dacoity of a Datsun Pick‑up took place on 13‑9‑2001 at 2‑00 p.m. on the road near Misri Sim Sakh in which seven dacoits participated in the commission of crime. The culprits were not identified by the complainant, but were seen on the head light of Datsun Pick‑up. The report was lodged on 30‑11‑2001 at 10‑00 p.m. A bail application was moved before the trial Court, but the same was dismissed, hence the present application. The learned Advocate for the applicant has stated that the name of the applicant has not been mentioned in the F.I. R.; that Datsun was recovered on 26‑12‑2001 from the possession of the co- accused Ali Gohar; that the complainant in his further statement recorded on 25‑2‑2002 has implicated the present applicant which is unbelievable as it was recorded after the recovery of Datsun Pick‑up. The learned A.A.‑G. has conceded the above position and has no objection to the grant of bail. The record supports the above contentions. In view of above position, applicant is entitled to the concession of bail, hence bail is granted to the applicant in the sum of Rs. One lac on furnishing solvent surety with PR bond in the like amount, to the satisfaction of trial Court. The application is allowed. H.B.T./S‑85/K Bail granted.