1989 PLP 3248 (MLD)
MUMTAZ ALI — Applicant Versus THE STATE — Respondent
| Citation | 1989 PLP 3248 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Ahmed Ali U. Kureshi, J |
| Parties | MUMTAZ ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 3248 (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 1989 PLP 3248 (MLD)?
The case was heard and decided by the Karachi bench comprising: Ahmed Ali U. Kureshi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3248 (MLD) (MUMTAZ ALI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 23rd June, 1988.
Headnotes / Summary
S.497--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)--Bail--Counsel appearing for the. State contended that accused was a desperate and dangerous person as four cases of dacoity were pending against him and Superintendent Jail had moved Home Department for trial of accused in jail--State counsel, however, conceded that no recovery was made from accused and that accused was not convicted in any case pending against him--Held. it was very difficult to hold that accused was a desperate and dangerous person in circumstances--Even on merits case of accused was found to be of further enquiry--Accused released on bail. PLD 1981 S C 142 ref. Muhammad Saleh G. Memon for Applicant. Abdul Ghafoor Mangi, A.A.G. for the State.
Judgment & Decree
The present applicant alongwith three others is facing trial under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. 2.Brief facts of the case are that on 24-2-1986 at about 9-00 p.m. while complainant Talaat Mehmood was going home. in his Car with two brief cases containing books and cash Rs.1200. Two unknown persons caught him by the Collar of his shirt and made him get down from the Car and forcibly took away the Car. Such F.I.R. was registered on the same day at 9-20 P.M.
3. The main contention of Mr. Muhammad Saleh G. Memon, learned counsel for the applicant is that the name of the applicant does not transpire in the FI.R. and that the only evidence against him is that he is alleged to have been picked up in identification parade after about 4-1/2 months of the incident. It is further submitted that in the identification test four culprits were mixed up with 14 dummies which is against the directions laid down by the Supreme Court that the ratio of the suspects and dummies should be one to ten. Reliance is placed on PLD 1981 SC 142.
4. It is further submitted that though the applicant was arrested in another case on 11-6-1986 the identification test was held on 6-7-1986. It is further submitted the learned counsel for the applicant that the applicant has remained in tail for more than one year and as such he is entitled to be released on bail under third proviso to subsection (1) of section 497, Cr.P.C.
5. Mr. Abdul Ghafoor Mangi, AA.G. appearing for the State concedes that no recovery has been made from the person of the applicant, but contends, that he is a desperate and dangerous person as four cases of dacoity are pending against him and furthermore the Superintendent, Jail has moved the Home Department that his trial may be held in Jail. At the same time he further concedes, that in none of the cases, the applicant has been convicted as they are pending.
6. Keeping in view the above facts and submissions, in my opinion, it is very difficult to hold that the applicant is a desperate and dangerous person. However, on merits also it is a case of further enquiry and as such the applicant is entitled A to be released on bail. I accordingly order that the applicant be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. N.H.Q./M-770/K Bail granted.