2010 PLP 83 (GBLR)
KHUSH MALIK — Petitioner Versus THE STATE — Respondent
| Citation | 2010 PLP 83 (GBLR) |
| Forum / Court | Northern Areas Supreme Appellate Court |
| Bench Members | Muhammad Nawaz Abbasi, C. J., Syed Jaffar Shah and Muhammad Yaqoob, JJ |
| Parties | KHUSH MALIK — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 83 (GBLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 83 (GBLR)?
The case was heard and decided by the Northern Areas Supreme Appellate Court bench comprising: Muhammad Nawaz Abbasi, C. J., Syed Jaffar Shah and Muhammad Yaqoob, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 83 (GBLR) (KHUSH MALIK — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sharif Ahmed, Advocate for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), 5.302--Gilgit-Baltistan (Empowerment and Selfs-Governance) Order, 2009, Art. 60 (13)
Qatl -e-amd
Accused sought bail on the plea of his innocence and doubt in his guilt
Question of, guilt and innocence of accused would be decided in the light of evidence
Supreme Appellate Court, did not find it proper to dilate upon the merits at bail stage, lest it might prejudice the accused or prosecution and directed that after recording of material evidence by Trial Court, accused might, if so advised repeat his request before Trial Court
Bail was refused.
Judgment & Decree
The petitioner was allowed bail by learned Sessions Judge Gilgit in a case initially registered under section 302, P.P.C., in which subsequently Police charged the offence under section 322, P.P.C. The bail was recalled by the Chief Court with observation that prima facie, the case would fall within the ambit of section 302, P.P.C. The petitioner after cancellation of bail by the Chief Court moved a fresh bail application before the learned Sessions Judge Gilgit, which was rejected and Chief Court also dismissed his bail application, hence the present petition before this Court. The learned counsel has submitted that petitioner is innocent and in any case there is reasonable doubt in his guilt and in view of the scope of further inquiry, he may be extended concession of bail. The learned counsel has however, informed us that case is fixed for evidence for today before the trial Court, but there is no chance of early conclusion of trial. The question of guilt or innocence of the petitioner will certainly be decided in the light of evidence but this is not proper for us to dilate upon the merits at this stage lest it may not prejudice the petitioner or prosecution. This petition is therefore disposed of with direction that after recording the material evidence by the trial Court, the petitioner may if so advised repeat his request before the trial Court. Disposed of. M.H./42/Glt. Order accordingly.