2009 PLP 1023 (YLR)
MUHAMMAD AKHTAR — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 1023 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ali Sain Dino Metlo, J |
| Parties | MUHAMMAD AKHTAR — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1023 (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 2009 PLP 1023 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ali Sain Dino Metlo, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1023 (YLR) (MUHAMMAD AKHTAR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ALI SAIN DINO METLO, J.---Heard Mr. Manzoor Hussain Larik Advocate for the applicant and Mr. Imtiaz Ali Soomro Asstt. A.-G. for the State. The latter does not oppose the bail seriously.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.302
West Pakistan Arms Ordinance (XX of 1965), S.13(e)
Accused had remained in custody for about two years without any progress in the trial
Trial Court while granting bail to accused in the murder case had refused bail in the case of recovery of K.K. under S.13(e) of West Pakistan Arms Ordinance, 1965
When accused had been granted bail in main murder case, he remained in custody for about two years without any progress of case in jail
Place from where K.K. was recovered, was not in the exclusive possession of accused but was accessible to every body
Accused was directed to be released on bail, in circumstances. Manzoor Hussain Larik for Applicant. Imtiaz Ali Soomro, Asstt. A.-G. for the State.
Judgment & Decree
Heard Mr. Manzoor Hussain Larik Advocate for the applicant and Mr. Imtiaz Ali Soomro Asstt. A.-G. for the State. The latter does not oppose the bail seriously. According to prosecution: on 28-1-2007, the applicant, while in custody of police in a murder case led to recovery of K.K from a bush on the Bank of Rohri Canal. The applicant has remained in custody for about two years without any progress in the trial. The trial Court while granting bail to the applicant in the murder case has refused bail in the case of recovery of K.K. under section 13 of Pakistan Arms Ordinance, 1965. In view of the above mentioned facts and circumstances, holding when the applicant has been granted bail in main murder case and he has remained in custody for about two years without any progress in trial and the place from where K.K was recovered was not in the exclusive possession of the applicant and was accessible to every body, he is directed to be released on bail on giving one surety in the sum of Rs.100,000 (Rupees One Hundred Thousand) only and personal bond in the like amount to the satisfaction of the trial Court. H.B.T./M-7/K Bail granted.