2005 PLP 268 (YLR)
NAZEER and 3 others — Applicants Versus THE STATE — Respondent
| Citation | 2005 PLP 268 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ata-ur-Rehman, J |
| Parties | NAZEER and 3 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 268 (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 2005 PLP 268 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ata-ur-Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 268 (YLR) (NAZEER and 3 others — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497
Accused persons who were convicted by Trial Court, preferred appeals in which judgment of Trial Court convicting accused, was set aside and case was remanded to Trial Court for re-trial from the stage of charge-- During retrial accused were also allowed bail and up to conviction they were free and on date of conviction, they were remanded to custody
During pendency of appeal and thereafter, accused had remained under custody for about 22 months
Trial had to start from Zero point which would take time for adjudication
During the period when accused remained on bail, no complaint was found against them that they had abused concession of bail, but they had been regularly attending Trial Court
State Counsel had no objection to grant of bail to accused
Accused, were admitted to bail, in circumstances. Syed Madad Ally Shah for Applicant. Agha Khuda Bux Assistant A.-G. for the State.
Judgment & Decree
S.497
Accused persons who were convicted by Trial Court, preferred appeals in which judgment of Trial Court convicting accused, was set aside and case was remanded to Trial Court for re-trial from the stage of charge-- During retrial accused were also allowed bail and up to conviction they were free and on date of conviction, they were remanded to custody
During pendency of appeal and thereafter, accused had remained under custody for about 22 months
Trial had to start from Zero point which would take time for adjudication
During the period when accused remained on bail, no complaint was found against them that they had abused concession of bail, but they had been regularly attending Trial Court
State Counsel had no objection to grant of bail to accused
Accused, were admitted to bail, in circumstances. Syed Madad Ally Shah for Applicant. Agha Khuda Bux Assistant A.-G. for the State. This bail application has been moved on behalf of the four applicants who were convicted by the trial Court on 11-11-1998. They preferred Appeals bearing Nos. 140 and 145 of 1998, in these appeals the judgment was set aside and the case was remanded back to the trial Court for retrial from the stage of charge. According to the counsel for the applicant during the trial the applicants were also allowed bail and up to the conviction they were free and that on the date of conviction they were remanded to custody. He further submitted that during the pendency of appeal and thereafter the applicants have remained under custody for about 22 months. He submitted that since the trial has to start from zero and therefore, it will take time for adjudication; according to him in the circumstances the applicants are entitled for the benefit of bail. It has been further agitated that during the period when they remained on bail there was no complaint against them that they have abused the concession of bail and have been regularly attending the trial Court. Learned Assistant A.-G. appearing for the State, in the circumstances has no objection to the grant of bail to the applicants. The applicants are allowed bail in the sum of Rs.1,00,000 (one lac) each and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./N-41/K Bail granted.