1995 P Cr (PLP)
MUSHTAQ ALI — Applicant Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUSHTAQ ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1995 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 1995 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: 1995 P Cr (PLP) (MUSHTAQ ALI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Applicant Mushtaq Ali is detained in Crime No. 323/93 under section 17(3), Offences Against Property (E.H.O.), 1979. He was arrested on 30-7-1993. Bail application moved on behalf of the applicant before the trial Court of 2nd Additional Sessions Judge, Karachi Central was dismissed on 9-3-1994. Applicant there filed Criminal Bail Application No.326 of 1994 before this Court which was dismissed for non-prosecution on 28-4-199.4. Learned advocate moved a restoration application which being misconceived was disposed of on 18-5-1994 and thereafter the applicant has repeated his bail application.
Headnotes / Summary
S. 497(2)
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)
Despite the accused having been in jail for more than one year trial against him had not concluded-- Although ground of statutory delay was not available to accused, nor the same was urged on his behalf, yet the inordinate delay in disposal of the cast could be taken notice of--Accused, after his arrest was not put to identification test and his case, therefore, needed further inquiry
Judgment & Decree
Criminal Procedure Code (V of 1898)
S. 497(2)
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)
Despite the accused having been in jail for more than one year trial against him had not concluded-- Although ground of statutory delay was not available to accused, nor the same was urged on his behalf, yet the inordinate delay in disposal of the cast could be taken notice of--Accused, after his arrest was not put to identification test and his case, therefore, needed further inquiry
Accused was admitted to bail in circumstances. Fazal Dad Khan for Applicant. Amjad Ali Shah A.A.-G, for the State. Applicant Mushtaq Ali is detained in Crime No. 323/93 under section 17(3), Offences Against Property (E.H.O.), 1979. He was arrested on 30-7-1993. Bail application moved on behalf of the applicant before the trial Court of 2nd Additional Sessions Judge, Karachi Central was dismissed on 9-3-1994. Applicant there filed Criminal Bail Application No.326 of 1994 before this Court which was dismissed for non-prosecution on 28-4-199.4. Learned advocate moved a restoration application which being misconceived was disposed of on 18-5-1994 and thereafter the applicant has repeated his bail application. I have heard the learned counsel for the applicant. Although this is the sixth date of hearing, the learned A.A.-G. has requested for time. The request for adjournment by the learned A.A,-G. is turned down. The applicant has been in jail for more than one year and the trial against him has not concluded. Although the ground of statutory delay is neither urged by the applicant's counsel nor the same is available, yet the inordinate delay in disposal of the case can be, taken notice of. From the perusal pf record, it also appears that after the arrest of applicant, he was not put to identification test. The case of the applicant in the circumstances would require further enquiry and I am inclined to grant him bail. The applicant shall be so released on bail if he furnishes one surety in the sum of Rs.50,000 (Rupees fifty thousand only) with P.R. bond in the like amount to the satisfaction of the trial Court. N.H.Q./M-2063/K Bail allowed.