2022 PLP 326 (SCMR)
MUHAMMAD SHOAIB — Petitioner Versus The STATE and another — Respondents
| Citation | 2022 PLP 326 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munib Akhtar and Qazi Muhammad Amin Ahmed, JJ |
| Parties | MUHAMMAD SHOAIB — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 326 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 326 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munib Akhtar and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 326 (SCMR) (MUHAMMAD SHOAIB — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Alam Yasir, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- The State through Advocate General N.W.F.P. v. Zubair Ahmed and 4 others PLD 1986 SC 173 ref.
- Confronted with petitioner's choice to withdraw the motion by his own election, the learned counsel pleaded that withdrawal being simpliciter without adjudication on merits of the case did not stand in impediment to re-hearing of the plea; an argument found by us as entirely beside the mark. It is by now well settled that an accused can maintain a subsequent bail petition, at post arrest stage, only on the strength of a fresh ground, accrued after dismissal of his first plea. It has been held by this Court in the case titled The State through Advocate General N.W.F.P. v. Zubair Ahmed and 4 others (PLD 1986 SC 173) that a ground earlier available but abandoned cannot be received as a fresh ground and, thus, consequences of withdrawal of a bail petition, made at any stage of hearing, cannot be quantified nor viewed as simpliciter and as such does not allow space for a second attempt in the absence of a newly accrued ground. For all intents and purposes, it is an abandonment, resorted to, more often than not, in the face of an impending dismissal. After withdrawal of a pre-arrest bail petition, exclusively maintained on the consideration of mala fide, hardly there is an occasion for a somersault. Petition fails. Leave declined.
Headnotes / Summary
(Against the judgment dated 01.11.2021 passed by the Lahore High Court, Rawalpindi Bench in Crl. Misc. No.7752/2021)
S. 497
Constitution of Pakistan, Art. 185(3)
Subsequent/second bail petition, filing of
Scope
Accused can maintain a subsequent bail petition, at post-arrest stage, only on the strength of a fresh ground, accrued after dismissal of his first plea (for bail)
Ground earlier available but abandoned cannot be received as a fresh ground and, thus, consequences of withdrawal of a bail petition, made at any stage of hearing, cannot be quantified nor viewed as simpliciter and as such does not allow space for a second attempt in the absence of a newly accrued ground. The State through Advocate General N.W.F.P. v. Zubair Ahmed and 4 others PLD 1986 SC 173 ref.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
The petitioner, blamed to have violated Nadia Bibi, prosecutrix, inside her home, located within the precincts of Police Station Jatoi, District Muzaffargarh, on 23.5.2021, unsuccessfully attempted for bail in anticipation to his arrest, first, through Criminal Miscellaneous No.7079-B/2021, dismissed as withdrawn before a learned Judge-in-Chamber of the Lahore High Court at Multan Bench; earlier dismissal, notwithstanding, he once again applied through Criminal Miscellaneous No. 7752-B/2021, dismissed vide impugned order dated 01.11.2021, by the learned Judge in limine. Confronted with petitioner's choice to withdraw the motion by his own election, the learned counsel pleaded that withdrawal being simpliciter without adjudication on merits of the case did not stand in impediment to re-hearing of the plea; an argument found by us as entirely beside the mark. It is by now well settled that an accused can maintain a subsequent bail petition, at post arrest stage, only on the strength of a fresh ground, accrued after dismissal of his first plea. It has been held by this Court in the case titled The State through Advocate General N.W.F.P. v. Zubair Ahmed and 4 others (PLD 1986 SC 173) that a ground earlier available but abandoned cannot be received as a fresh ground and, thus, consequences of withdrawal of a bail petition, made at any stage of hearing, cannot be quantified nor viewed as simpliciter and as such does not allow space for a second attempt in the absence of a newly accrued ground. For all intents and purposes, it is an abandonment, resorted to, more often than not, in the face of an impending dismissal. After withdrawal of a pre-arrest bail petition, exclusively maintained on the consideration of mala fide, hardly there is an occasion for a somersault. Petition fails. Leave declined. MWA/M-80/SC Petition dismissed.