2006 PLP 2351 (YLR)
AHSAN ALI — Applicant Versus THE STATE — Respondent
| Citation | 2006 PLP 2351 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Azizullah M. Memon, J |
| Parties | AHSAN ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 2351 (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 2006 PLP 2351 (YLR)?
The case was heard and decided by the Karachi bench comprising: Azizullah M. Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2351 (YLR) (AHSAN ALI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 498 & 498-A
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14
Trial Court rejected bail application of accused for the reason that despite issuance of proclamation under Ss. 87 & 88, Cr.P.C., he remained absconder, and thus was not entitled to grant of bail
Absconder/fugitive from process of law would lose some rights including grant of bail which otherwise were admissible to him, but where accused was found entitled to grant of bail, irrespective of his abscondence or otherwise; and same having not put the prosecution to any adverse circumstance, such accused was entitled to grant of bail
Trial against co-accused proceeded wherein complainant and witnesses did not name any particular person for having committed alleged offence
Interim bail already granted to accused was confirmed on the same terms and conditions. Syed Aijaz Ali Shah for Applicant. Muhammad Ismail Bhutto for the State.
Judgment & Decree
AZIZULLAH M. MEMON, J.--Heard learned counsel appearing for the parties. Learned counsel for the applicant Ahsan Ali has placed on record a certified copy of judgment, dated 23-9-2005 passed by IV-Civil Judge and Judicial Magistrate, Shikarpur in criminal case No.184/2004 pertaining to the crime No.194/2004 of Police Station. New Fojdari, Shikarpur (viz. for which offence the present bail application is moved); the narration of the facts and findings recorded by the said trial Court mentions that the witnesses examined by the prosecution in the said criminal case deposed that the culprits, who committed theft of the paddy, had their faces muffled and were not identified by them; they, even did not name any culprit for having committed the alleged incident/offence. The trial Court rejected the bail application of the present applicant/accused for the reason that despite issurance of proclamation under sections 87 and 88, Cr.P.C. he preferred to remain absconder and, therefore, was not entitled to the grant of bail. It is a settled principle of law that absconder/fugitive from the process of law loses some rights including the grant of bail, which otherwise are admissible to him, but it is also a settled principle of law that where an accused is found entitled to the grant of bail, irrespective of his abscondence or otherwise, and the same having not put the prosecution to any adverse circumstances due to his abscondency such an accused is entitled to the grant of bail. Looking at the fact that the trial against co-accused Shahzado and Mouj Ali proceeded wherein complainant and witnesses did not name any particular person for having committed the alleged offence of this case, interim bail already granted to the applicant is hereby confirmed on the same terms and conditions. H.B.T./A-81/K??????????????????????????????????????????????????????????????????????????????????? Bail confirmed.