1992 P Cr (PLP)
NAJABAT KHAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sh. Ijaz Nisar, J |
| Parties | NAJABAT KHAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1992 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Sh. Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (NAJABAT KHAN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha for Petitioner.
- Date of hearing: 6th December, 1989.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.307‑‑‑Bail‑‑‑Bail granted to accused by Magistrate was cancelled by Sessions Court mainly for his non‑appearance in the Court‑‑‑Contention was that absence of accused was not wilful but due to the fact that the accused being an Army personnel due to exigency of service was not allowed by his Commanding Officer to leave the station‑‑‑High Court without going into the merits of the case admitted the accused to interim bail for 12 days directing him to appear .before Sessions Court for the disposal of the petition for cancellation of bail on merits in circumstances.
Judgment & Decree
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.307‑‑‑Bail‑‑‑Bail granted to accused by Magistrate was cancelled by Sessions Court mainly for his non‑appearance in the Court‑‑‑Contention was that absence of accused was not wilful but due to the fact that the accused being an Army personnel due to exigency of service was not allowed by his Commanding Officer to leave the station‑‑‑High Court without going into the merits of the case admitted the accused to interim bail for 12 days directing him to appear .before Sessions Court for the disposal of the petition for cancellation of bail on merits in circumstances. Muhammad Munir Peracha for Petitioner. Date of hearing: 6th December, 1989. Nijabat, Khan petitioner is accused of an offence under section 307, P.P.C. He was admitted to bail by the learned Senior Civil Judge/Magistrate Section 30, Attock on 11‑6‑1989. An application for the cancellation of his bail was moved by Sardar Khan complainant which came up before the learned Additional Sessions Judge, Attock for hearing. The learned Court vide its order dated 19‑10‑1989 cancelled his bail mainly for the reason that he did not appear before him.
2. Learned counsel for the petitioner contends that the petitioner's absence was not wilful but was due to the fact that he is an Army personnel and due to exigency of service was not allowed by his Commanding Officer to leave the station.
3. Without going into the merits of the case, I admit the petitioner to interim bail in the sum of Rs.10,000 with two sureties in the like amount to the satisfaction of the learned trial Magistrate till 18‑12‑1989. He is directed to 8 appear before Rao Hamid Mukhtar Khan, learned Additional Sessions Judge, Attock for the disposal of the petition for cancellation of bail on merits. Learned Court shall dispose of the matter after issuing notice to Sardar Khan complainant and the State. The petition is disposed of. N.H.Q./N‑95/L Interim bail allowed.