2009 PLP 37 (MLD)
NASIR HAYAT — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 37 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | NASIR HAYAT — 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 37 (MLD)?
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 37 (MLD)?
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: 2009 PLP 37 (MLD) (NASIR HAYAT — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamsher Abbas for Respondent.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.201
After investigation challan had been submitted against the accused under S.201, P.P.C. in the Court
Section 201, P.P.C. though punishable with seven years' R.I. was a bailable offence
State counsel had acceded to the legal situation and counsel for the complainant had failed to make out a case otherwise
Judgment & Decree
SYED MEHMOOD ALAM RIZVI, J.
This bail application is directed against the impugned order, dated 23-5-2008 passed by the learned IV-the Additional Sessions Judge, Karachi East in Sessions case No.143 of 2008, Crime No.65 of 2008, under sections 302, 392, 109, 201 and 34, P.P.C. at Police Station KIA (AVCC), Karachi East by which the bail application of the applicant was dismissed.
2. Precisely, the facts of the prosecution case are that one Farhan, a friend of the applicant, had killed Anwar Ali, the brother of the complainant at Ameer Shaheed Chowki. The dead body was taken to Sargodha and after burial, the complainant reached at Karachi and P.W. Umer Hayat told him about the above murder and further informed that the applicant has concealed the above incident though he had knowledge that his friend had killed the deceased and deliberately lodged the F.I.R. against some unknown persons. As a result, on the above complaint, the case has been registered on 5-3-2008, the accused/applicant was arrested, thereafter, the investigation, challan has been submitted against the applicant under section 201, P.P.C.
3. Heard the learned counsel for the applicant and learned APG and perused the record carefully.
4. The learned APG, outrightly, contends that as the accused/ applicant has been challaned in this case under section 201, P.P.C., which is though punishable for 7 severs, but it is bailable. At this juncture, learned counsel for the complainant vehemently opposed and confronted that the offence is punishable for life and not bailable and he referred to different sections of the P.P.C., which were irrelevant and subsequently, he read section 201, P.P.C. and found that the same is bailable, therefore, by a short order the bail was granted to the applicant in the morning, therefore, the applicant is granted bail subject to furnishing surety in the sum of Rs. 1,00,000 (Rupees one lac only) with P.R. bond in the like amount to the satisfaction of the trial Court.
5. These are the reasons of my short order passed today. N.H.Q./N-41/K Bail allowed.