1990 P Cr (PLP)
FAKIR ALI‑‑Applicant Versus THE STATE‑‑Respondent
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Syed Abdur Rehman, J |
| Parties | FAKIR ALI‑‑Applicant Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1990 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Syed Abdur Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 P Cr (PLP) (FAKIR ALI‑‑Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497(1), proviso 4th‑‑‑Penal Code (XLV of 1860), 5.302/307/398/34‑‑‑Bail‑ ‑Previous bail application of accused was dismissed on the ground that from facts and circumstances he appeared to be a desperate and dangerous person‑‑‑More than one year had passed since that order but no progress whatsoever was made in trial‑‑‑Leave to appeal was granted in another case to resolve conflict of opinion in High Court as to interpretation of fourth proviso to S.497, Cr.P.C. with regard to legal position as to whether facts and circumstances of the offence in hand could be taken into consideration for holding a person as desperate and dangerous‑‑‑Accused in that case was granted bail by a short order though reasons were not disclosed so far‑‑‑Accused was also released on bail in circumstances. Ahmed Khan Barakzai for Applicant. S. Riaz Ahmed for the State.
Judgment & Decree
It is alleged that on 5‑2‑1988 at about 8‑30 p.m. complainant Liaquat Ali accompanied by deceased Shamsuddin was going to his village on a motor‑cycle when they were accosted by four persons armed with guns. One of those culprits who was wearing Loi fired his gun which hit Shamsuddin. Complainant Liaquat Ali took position behind the bridge and fired 5 shots at the culprits from his revolver. The culprits made good their escape. Shamsuddin died. The matter was reported to the police which immediately reached the scene of offence and found applicant Fakir Ali lying injured at a distance of 180 paces wearing Loi and having a gun. He named his companions as co‑accused Shah Pasand, Ghulam Hussain and Nooral Shah. Co‑accused Shah Pasand was released on bail by me as complainant Liaquat Ali exonerated him. Bail of Fakir Ali is pressed mainly on the ground that he has remained in custody as an undertrial prisoner for more than 3‑1/2 years. The previous bail application on the similar ground was dismissed as the trial Court as well as myself were of the view that from the facts and circumstances of the offence with which he is charged the applicant appears to be a desperate and dangerous person. More than one year has passed to that order but no progress whatsoever has been made in the trial of the case. It is really disgusting. Apart from that in Gul Khan's case where leave to appeal was granted by the Supreme Court to resolve the conflict of opinion in this Court as to the interpretation of IVth proviso to section 497, Cr.P.C. with regard to the legal position as to whether the facts and circumstances of the offence in hand could be taken into consideration for holding a person as desperate and dangerous accused has been granted bail by short order through the reasons have not been disclosed as yet. Under these circumstances, I direct that applicant Fakir Ali be released on bail on furnishing surety and P.R. in the sum of Rs.50,000 to the satisfaction of IP trial Court. N.H.Q./F‑112/K Bail granted.