2007 PLP 3125 (YLR)
SHAHNAZ ANWAR — Petitioner Versus BABAR and others — Respondents
| Citation | 2007 PLP 3125 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Sarmad Jalal Osmany and Ali Sain Dino Metlo, JJ |
| Parties | SHAHNAZ ANWAR — Petitioner Versus BABAR and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 3125 (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 2007 PLP 3125 (YLR)?
The case was heard and decided by the Karachi bench comprising: Sarmad Jalal Osmany and Ali Sain Dino Metlo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3125 (YLR) (SHAHNAZ ANWAR — Petitioner Versus BABAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nadeemul Haque for Petitioner.
- S. Saeeduddin Nasir for Respondent No. 1.
- Muhammad Sarwar Khan, Additional Advocate-General Sindh for Respondents.
- A report has been filed by the City Police according to which re-investigation is in progress.- Learned Additional Advocate-General Sindh says that once re-investigation is ordered under Article 3 (6) of the Police Order, 2002, then a panel has to be formed for the above purpose which. is non functional.
- In the facts and circumstances of the case, learned Additional Advocate General has no objection to the prayer made by learned counsel for the petitioner.
- We have heard both the learned counsel as well as learned Additional Advocate-General.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), S.420
Control of Narcotic Substances Act (XXV of 1997), Ss.6 & 9
West Pakistan Arms Ordinance (XX of 1965), S.13(4)
Constitution of Pakistan (1973), Art.199
Constitutional petition
Arrest of accused had been shown ort 12-6-2006, whereas per investigation report and the letter sent by the accused to the concerned authorities, she along with her family was kidnapped on 22-5-2006
Judgment & Decree
A report has been filed by the City Police according to which re-investigation is in progress.- Learned Additional Advocate-General Sindh says that once re-investigation is ordered under Article 3 (6) of the Police Order, 2002, then a panel has to be formed for the above purpose which. is non functional. Learned counsel for the petitioner says that in the. facts and circumstances of the case particularly from the report of Mr. Mir Zubair Mahmood, DIG (Investigation) it is quite clear that the cases against the husband of the petitioner have been fabricated as the police have arrested the petitioner's husband on 12-6-2006 whereas the petitioner, her husband and children were- kidnapped by some persons on 22-5-2006 whereafter she along with her children were kept in unlawful custody and filially F.I.Rs against her husband were lodged as Crime No-247/06, 248/06 and 249/06.under sections 420, P.P.C, 6/9 CNS Act and 13-D of the Arms Ordinance all of P.S. Bughdadi. Hence he prays that the petitioner's husband may be released on bail on very nominal surety as he is a very poor man and cannot offer heavy surety. In the facts and circumstances of the case, learned Additional Advocate General has no objection to the prayer made by learned counsel for the petitioner. We have heard both the learned counsel as well as learned Additional Advocate-General. In our opinion, it is quite strange that .how the arrest in question has been shown on 12th June, 2006 whereas as per the investigation report and the letter sent by the petitioner to the concerned authorities she along with her family were kidnapped on 22nd May, 2006. In our opinion this fact alone entitles the A petitioner's husband, Anwar Yaseen for bail. Consequently, we would grant bail to the petitioner's husband, Anwar Yaseen in Crime Nos.248 and 249 of 2006 all of Police Station Bughdadi, provided he submits surety in the sum of Rs.50,00 and P.R. bond in like amount in both cases to the satisfaction of the learned trial Court. The final report of the re-investigation shall be made available before this Court within two weeks from today. B.H.T./5-65/K Bail granted.