2006 P Cr (PLP)
ALI IMRAN — Applicant Versus THE STATE — Respondent
| Citation | 2006 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ALI IMRAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 P Cr (PLP)?
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 P Cr (PLP)?
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: 2006 P Cr (PLP) (ALI IMRAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- I have heard the Advocate for the applicant, State Counsel and perused the record of this case very carefully.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.392 & 34
Two un-identified persons committed robbery
After arrest of accused no identification test of accused had been made before Magistrate through complainant and prosecution witnesses to identify accused to be the culprit who committed robbery
Only piece of evidence against accused was of recovery of mobile cards which accused had produced before police
Prosecution was required to connect said cards with the crime and for that, said cards should have been put to identification test through complainant and if complainant had identified same, it could have been used as a piece of evidence against accused
Proper identification of cards had not been made and no other evidence connected accused with commission of crime
Case of accused, in circumstances fell under S.497(2), Cr.P.C.
Accused being entitled to concession of bail, was admitted to bail, in circumstances.
Judgment & Decree
RAHMAT HUSSAIN JAFFERI, J.
(1) Granted subject to all just exceptions.
2. The bail application has been filed in the case of robbery of cash, mobile cards, calling cards, batteries of mobile phone committed by two unknown persons from the shop of complainant Hardesh Kumar situated in Gulshan Hadeed, Karachi on 24-4-2005 at about 12-15 a.m. The complainant lodged the report on the same date at 2-05 a.m. The police arrested the applicant on 3-5-2005. The applicant led the police and produced some mobile cards before them. After completing the investigation the applicant was challaned in the Court. He moved bail application before the trial Court but the same was dismissed, hence the present application. I have heard the Advocate for the applicant, State Counsel and perused the record of this case very carefully. It is an admitted position that two unidentified persons committed the robbery. After arrest of the applicant no identification test of the applicant has been made before the Magistrate through the complainant and P.Ws. to identify the applicant to be the culprit who committed the robbery. The learned State Counsel has frankly conceded A that the only piece of evidence against the applicant is of recovery of mobile cards which the applicant had produced before the police. The prosecution is required to connect these cards with the crime. As such, the same cards should have been put to identification test through the complainant and if the complainant had identified the same then the same could have been used as a piece of evidence against the applicant. As the proper identification of the cards has not been made in this case, at this stage and there is no other evidence connecting the applicant with the commission of this crime therefore, his case falls under subsection (2) of section 497, Cr.P.C. As such, he is entitled to the concession of bail. In the circumstances of the case bail is granted to the applicant in the sum of Rs.75,000 on furnishing solvent surety with P.R. bond in the like amount to the satisfaction of trial Court. The application is allowed. H.B.T./A-256/K????????????????????????????????????????????????????????????????????????????????? Bail granted.