2010 PLP 1868 (MLD)
FAROOQ — Applicant Versus THE STATE — Respondent
| Citation | 2010 PLP 1868 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | FAROOQ — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1868 (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 2010 PLP 1868 (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: 2010 PLP 1868 (MLD) (FAROOQ — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.392/397/34
Complainant had identified accused who had on the point of pistol, along with his accomplices had snatched Rs.17,000 while complainant was sitting in coach
Rupees 14,000 were recovered from accused who was apprehended on the hue and cries of the complainant
Mashirnama of arrest and recovery were prepared on the same date, which had shown that no delay was made in preparation of the same
Reasonable grounds existing that accused had committed non-bailable offence, his bail application was dismissed.
Judgment & Decree
SALMAN ANSARI, J.
This bail application has been moved on behalf of applicant/accused Farooq who allegedly along with his two accomplices on showing the pistols have robbed the passengers sitting in Coach, snatched Rs.17,000 one CNIC and tried to run away but on the hue and cry of complainant the applicant was apprehended. An amount of Rs.14,000 and T.T. pistol with three live bullets were recovered from his possession and on the day of incident viz. 9-8-2007 a case under sections 392/397/34, P.P.C. registered against applicant at Police Station Kalri Karachi. Learned IInd Additional Sessions Judge South Karachi rejected the bail application of applicant with the findings that there are reasonable grounds to believe that applicant has committed offence charged with.
2. It is argued on behalf of the applicant/accused that in his evidence before Court the complainant P.W. Aqal Din has shown his uncertainty regarding signatures on the F.I.R., the applicant is in custody for last more than 14 months and the trial has not been concluded, there is mis-identity, applicant has wrongly been apprehended as the money and pistol have been foisted upon him by the police. Learned counsel has further argued that police prepared memo of arrest and mashirnama of recovery in police station, the case requires further enquiry, hence the bail application of applicant may be allowed.
3. Learned Additional Prosecutor-General appearing for the State has opposed the bail application.
4. Heard learned counsel for applicant and learned Additional Prosecutor-General.
5. In this case the complainant Aqal Din had identified the applicant/accused who had on the pointation of pistol along with his accomplices snatched Rs.17,000 while complainant was sitting in Coach, Rs.14,000 were recovered from the applicant and was apprehended on the hue and cries of complainant. The mashirnama of arrest and recovery were prepared on the same date at 1335 hours which shows that there was no delay in preparation of the same.
6. Under the circumstances, I have come to the conclusion that there are reasonable grounds to believe that applicant/accused Farooq had committed non-bailable offence, hence I reject this application with directions to trial to conclude trial as early as possible. H.B.T./F-3/K Bail refused.