1999 PLP 1324 (SCMR)
RIAZ AHMAD — Petitioner Versus THE STATE and another — Respondents
| Citation | 1999 PLP 1324 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Sh. Riaz Ahmed, JJ |
| Parties | RIAZ AHMAD — 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 1999 PLP 1324 (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 1999 PLP 1324 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan and Sh. Riaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1324 (SCMR) (RIAZ AHMAD — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Hussain Khan, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Abdul Samad, Advocate Supreme Court for Respondents.
- Date of hearing: 15th April, 1998.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 26-11-1997 passed in Cr. Misc. No.978-CB/97).
S. 497
Penal Code (XLV of 1860), S. 337-A (ii) (iii)/336/34
Constitution of Pakistan (1973), Art. 185(3)
Service of accused through his brother was not warranted by law, meaning thereby that he was not heard before bail granted to him by Trial Court was recalled by High Court
Petition for leave to appeal, in circumstances, was converted into appeal and allowed and ad interim bail already allowed to accused by Supreme Court was confirmed.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
It is submitted by the learned counsel that bail was allowed to the petitioner, Riaz Ahmad Khan by the trial Court vide its order dated 19-6-1997 in the case having been registered against him under section 337-A(ii)(iii)/336/34, P.P.C. However, the said order granting bail to the petitioner was recalled by the High Court on 26-11-1997. It has been mentioned in the order of the High Court that notice issued to the petitioner was received by his brother.
2. Learned counsel submits that the petitioner was not served with notice and as such, he was condemned unheard. There is force in the argument of the learned counsel. In our view, the service of the petitioner through his brother is not warranted by law. It is, therefore, established that the petitioner was not heard before the bail order was set aside by the High- Court. In this view of the matter, the ad-interim bail already allowed to the petitioner vide order of this Court dated 28-1-19.98 is hereby confirmed. This petition is, accordingly, converted into appeal and allowed. N.H.Q./R-26/S Bail allowed.