2001 PLP 925 (YLR)
MANSOOR ALI and 6 others — Applicants Versus THE STATE — Respondent
| Citation | 2001 PLP 925 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ghulam Nabi Soomro and Atta-ur-Rehman, JJ |
| Parties | MANSOOR ALI and 6 others — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2001 PLP 925 (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 2001 PLP 925 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ghulam Nabi Soomro and Atta-ur-Rehman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 925 (YLR) (MANSOOR ALI and 6 others — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 9th March, 2001.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss. 399, 402, 353 & 34
Bail, grant of-- Accused were in continuous custody for the last six years and such inordinate delay had not been attributed to them
Bail plea of the accused had been opposed by the prosecution on the ground that the accused had been convicted and sentenced to death in another case and their appeals were pending decision before High Court, case of the accused, due to said conviction thus was hit by fourth proviso to S.497(1), Cr.P.C.
Nothing was provided in fourth proviso to S.497(1), Cr. P. C. contemplating to deprive indefinitely an undertrial accused of his liberty of being released on bail
Even otherwise bail could be sought by the accused on ground of inordinate delay in conclusion of trial. Gul Muhammad and 2 others v. The State 1987 PCr.LJ 787 and Fakir Ali v. The State 1990 PCr.LJ 72 ref. Agha Zafir Ali for the Applicants. Habib Ahmed, A.A.-G. for the
Judgment & Decree
The applicants are facing trial for offences under sections 399, 402, 353, 34, P.P.C. (F.I.R. No. 70 of 1995, registered at Police Station, Darkhshan, Karachi, South) before the Court of 1st Additional Sessions Judge/Special Judge, (STA) Karachi South.
2. The bail is being sought firstly, on the ground that all the applicants are in continuous custody since 2-4-1995 and secondly, that even though there, is allegation of firing between the parties yet; none on either side has received any injury.
3. Mr. Habib Ahmed learned A.A.-G. appearing for the State opposes the bail plea on the ground solely that the applicants have been convicted and sentenced to death in another case and their appeals are pending decision before this Court.-The case of the applicants due to aforesaid conviction is hit by fourth proviso to subsection (1) of section 497, Cr.P.C.
4. The applicants are in Jail since 6 years (less three weeks). Delay has not been attributed to them. There is nothing contained in the fourth proviso contemplating to deprive indefinitely an under trial accused of his liberty of being released on bail. Even in view of the fourth proviso bail can be sought by accused by invoking third proviso (on the ground of inordinate delay in conclusion of his trial). Reference in this connection may be made to the case, of Gul Muhammad and 2 others v. The -State reported as 1987 PCr.LJ 787 and Fakir Ali v. The State 1990 PCr.LJ 72.
5. We, therefore, allow bail to all the applicants namely (1) Mansoor Ali, (2) Umer Hayat, (3) Muhammad Fazal, (4) Karimullah, (5) Syed Asif Ali, (6) Muhammad Gulzar and (7) Ahmed Zahoor, subject to their furnishing a solvent surety in the sum of Rs. 1,00,000 (Rupees one lac only) each and P. R. bond in the like amount to the satisfaction of the trial Court. H.B.T./M-205/K Bail granted.