1999 PLP 453 (MLD)
MUHAMMAD RASHID and another — Applicants Versus THE STATE — Respondent
| Citation | 1999 PLP 453 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD RASHID and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1999 PLP 453 (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 1999 PLP 453 (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: 1999 PLP 453 (MLD) (MUHAMMAD RASHID and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- I have heard the learned counsel for the applicants, the learned Assistant Advocate-General and perused the record.
Headnotes / Summary
S. 497(1), third proviso
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)
Penal Code (XLV of 1860), S.324
Bail op the ground of statutory delay
Co- accused in the case had already been granted bail by High Court on the ground of statutory delay
Accused, therefore, were admitted to bail following the principle of consistency.
Judgment & Decree
S. 497(1), third proviso
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)
Penal Code (XLV of 1860), S.324
Bail op the ground of statutory delay
Co- accused in the case had already been granted bail by High Court on the ground of statutory delay
Accused, therefore, were admitted to bail following the principle of consistency. Jaggat Ram v. State 1997 SCMR 361; Zahid Hussain v. State PLD 1995 SC 49 and Nazir Hussain Shah v. Ziaul Haque and others 1983 SCMR 72 ref. Sardar Muhammad Ishaque for Applicants. Ch. Muhammad Rafique, Asstt. A.-G. for the State
1. Miscellaneous Application No.1006 of 1997 is granted subject to all just exceptions.
2. The two applicants/accused are involved in Crime No.231 of 1995 registered at Police Station Mithadar, for offences under section 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 324 of Qisas and Diyat Ordinance. Their bail application was rejected by the learned trial Court on 24-2-1997. The alleged incident took place on 20-9-1995 and the applicants were arrested on the same day. Now bail application has teen moved only on the ground of statutory delay in trial. I have heard the learned counsel for the applicants, the learned Assistant Advocate-General and perused the record. Two co-accused were granted bail by this Court on the ground of statutory delay vide Criminal Bail Application No.37 of 1997 (Zulfiqar v. State) and Criminal Bail Application No.436/97 (Mohammad Mushtaq alias Munna v. State) on 28-3-1997 and 10-4-1997, respectively. Therefore, following the H principle of consistency and the law laid down in Jaggat Ram v. State (1997 SCMR 361), Zahid Hussain v. State (PLD 1995 SC 49) and Nazir Hussain Shah v. Ziaul Haque and others (1983 SCMR 72), I allow these two bail applications and admit the applicants to bail on their furnishing one surety in the sum of Rs.2,00,000 (Rs. two lacs) each and P.R. Bonds in the like amount, to the; satisfaction of the learned trial Court. N. H.Q/M-185/x/ Bail allowed