1986 P Cr (PLP)
GOHRAM‑‑Applicant/ Accused Versus THE STATE Opponent
| Citation | 1986 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Haider Ali Pirzada, J |
| Parties | GOHRAM‑‑Applicant/ Accused Versus THE STATE Opponent |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1986 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 1986 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Haider Ali Pirzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 P Cr (PLP) (GOHRAM‑‑Applicant/ Accused Versus THE STATE Opponent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑S.497(1), proviso (iii)‑‑Penal Code (XLV of 1860), Ss.302 & 307‑‑Bail, grant of‑‑Trial though started but not concluded within two years of arrest of accused‑‑Accused not found to be responsible for delaying trial beyond period of two years‑‑Accused, held, was entitled to statutory concession of bail‑‑Bail granted in circumstances. Khwand Baloch v. Ghulam Sarwar P L D 1982 Kar. 965; Ghulam Jan v. The State 1984 P Cr. L J 2456 and Shouki alias Shoukat and others v. The State and another 1984 S C M R 613 ref. Qurban Ali H. Chohan for Applicant. M.I. Memon, A.A.‑G. for the State.
Judgment & Decree
M.I. Memon, A.A.‑G. for the State. This is a bail petition filed on behalf of Ghoram who is facing trial under section 302/307, P.P.C., vide F.I.R. No.22 of 1983 dated 15‑4‑1983, registered at Police Station, Hurri. The petitioner was arrested on 16‑4‑1983. Mr. Qurban Ali the learned counsel for the petitioner has submitted that his trial has not been concluded within two years from the date of his arrest and as such, he is entitled to be released on bail under provisions of proviso (iii) of subsection (1) of section 497, Cr.P.C. In this connection, learned counsel for the petitioner has referred to cases Khwand Baloch v. Ghulam Sarwar P L D 1982 Kar. 965, Ghulam Jan v. The State 1984 P Cr. L J 2456 and Shouki alias Shoukat and others v. The State and another 1984 S C M R
613. Mr. Muhammad Ibrahim Memon, the learned counsel for the State has not opposed the petition. I have carefully considered the above before me and have gone through the case diary. It is an admitted position that the petitioner was arrested on 16-4‑1983. It is stated that the trial of the petitioner was commenced on 2-5‑1983 when the challan was presented. However, as the trial did not conclude within the period of two years from date of arrest of the petitioner, he applied for his release on bail before the trial Court in terms of proviso (iii) to subsection (1) of section 497, Cr.P.C. The trial Court rejected the bail application vide order, dated 22‑5‑1985. I find from the perusal of case diary that the petitioner was not responsible for delaying the trial beyond the period of two years. The cases cited by the learned counsel for the petitioner are applicable to the facts of this case. In view of the statutory provision of proviso (iii) 'of subsection A (1) of section 497, Cr.P.C. the petitioner is entitled to the concession of bail as his trial has not been concluded within two years from the date of his arrest. He shall be admitted to bail in the sum of Rs.25,000 with P.R. Bond in 1fie like amount to the satisfaction of the trial Court. H.A.K. Bail granted.