2004 PLP 1533 (YLR)
Malik AMIR SULTAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2004 PLP 1533 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Shabbir Ahmed and Muhammad Sadiq Leghari, JJ |
| Parties | Malik AMIR SULTAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 1533 (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 2004 PLP 1533 (YLR)?
The case was heard and decided by the Karachi bench comprising: Shabbir Ahmed and Muhammad Sadiq Leghari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1533 (YLR) (Malik AMIR SULTAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana M. Shamim for Petitioner.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Bail, grant of‑‑‑Bail was sought by accused on two grounds; firstly in view of rule of consistency as co‑accused was granted interim bail before arrest; and secondly on Medical ground‑‑‑Bail on ground of rule of consistency could not be granted to accused as interim bail granted to co‑accused was yet to be confirmed‑‑ Accused was stated to be a heart patient and that his detention in jail would be detrimental to his life‑‑‑State counsel had conceded to the grant of bail on medical ground provided amount involved in case be deposited by accused with the Nazir of the Court in addition to surety‑‑ Accused having accepted contention of the State counsel, he was admitted to bail accordingly. Khursheed A. Hashmi, D.A.‑G. for the State.
Judgment & Decree
Rana M. Shamim for Petitioner. Khursheed A. Hashmi, D.A.‑G. for the State. SHABBIR AHMED, J.‑‑Applicant Malik Amir Sultan was Manager at the relevant time, when a request was made by a ghost lady for issuance of cheque, for PLS account No. 1037‑3, which was issued under the orders of the applicant. Four cheques were presented for encashment, whereby a sum of Rs.7,50,000 was drawn from aforesaid account, a joint account of Ghulam Muhammad and Atteeqa Khanum. The allegation against the applicant is also that he countersigned two cheques amounting to Rs.5 lacs as well. Bail application moved before the trial Court was dismissed by order dated 30‑10‑2002. Hence this application. Bail has been pressed on the ground of rule of consistency as co‑accused Bashir Ahmed was granted interim bail before arrest by order dated 26‑9‑1998. The ground for the grant of bail on the rule of consistency need not detain us long because the interim bail has not yet been confirmed. The second ground urged is medical. The applicant is stated to be a heart patient his detention in jail would be detrimental to his life. Learned D.A.‑G. has conceded the grant of bail on medical ground provided the amount involved is deposited by the applicant with the Nazir of this Court in addition to surety before the trial in the sum of Rs.7,50,
000. Learned counsel for the applicant has accepted the contention put by learned D.A.‑G. to the grant of bail. Therefore, the applicant is granted bail in the sum of Rs.7,50,000 with P.R, bond in the like amount to the satisfaction of the trial Court provided that the applicant deposits the amount of Rs.7,50,000 with Nazir of this Court such deposit would be without prejudice to the plea that may be taken by the applicant at the trial. The Nazir to invest the said amount in a Government profit earning scheme. H.B.T./A‑35/K Bail granted.