2009 PLP 1422 (YLR)
TALIB — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 1422 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Shamsuddin Hisbani, J |
| Parties | TALIB — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1422 (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 2009 PLP 1422 (YLR)?
The case was heard and decided by the Karachi bench comprising: Shamsuddin Hisbani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1422 (YLR) (TALIB — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), S.382
Abnormal delay in the lodging of F.I.R.-Offence against accused did not fall within the mischief of S.382, P.P.C.
Co-accused had already been granted bail by the Trial Court
Accused was in custody for a considerable period
Allegation against accused needed further inquiry, as it had to be determined by the Trial Court after recording of evidence as to what offence had been committed by accused
Keeping in view the rule of consistency, accused was also entitled to the grant of bail. Muhammad Sachal R. Awan for Applicant. Mrs. Shahida Muhammad Ali Rind for the State.
Judgment & Decree
SHAMSUDDIN HISBANI, J.--Granted.
2. Exemption granted subject however, to all just exceptions.
3. There is abnormal delay in the lodging of the F.I.R. The contention of the learned counsel for the applicant has been that offence, prima facie, does not fall within the mischief of section 382, P.P.C. co-accused already granted bail by the learned Sessions Judge, Jamshoro at Kotri. The present applicant is in custody for a considerable period. The allegation against him needs further inquiry as it has been to be determined by the trial Court after recording of evidence as to what offence has been committed by him. Keeping in view the rule of consistency, the applicant is also, entitled to the grant of bail, as argued by learned counsel for the applicant.
4. In the circumstances, applicant Talib is admitted to bail subject to his furnishing surety in the sum of Rs.50,000 (Rupees Fifty Thousand) and P. R. Bond in the like amount to the satisfaction of trial Court. H.B.T./T-6/K Bail granted.