2014 PLP 1609 (SCMR)
N/A
| Citation | 2014 PLP 1609 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir-ul-Mulk, C.J. and Amir Hani Muslim, J |
| Parties | N/A |
| Primary Law | Pakistan Arms Ordinance (XX of 1965) |
Q1: What are the key laws and sections cited in 2014 PLP 1609 (SCMR)?
This judgment primarily cites: Pakistan Arms Ordinance (XX of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 1609 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir-ul-Mulk, C.J. and Amir Hani Muslim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 1609 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 8th August, 2014.
Headnotes / Summary
S. 13
Criminal Procedure Code (V of 1898), S. 497 & Sched. II
Constitution of Pakistan, Art. 188
Rectification of bail granting order by Supreme Court
Whether S.13 of Pakistan Arms Ordinance, 1965, a non-bailable offence in the Province of Punjab
Supreme Court had granted bail to the accused by observing that the Province of Punjab had brought an amendment whereby the offence under S.13 of the Pakistan Arms Ordinance, 1965, had been made non-bailable
Held, no such amendment had been made as stated by the Law and Parliamentary Affairs Department, Government of Punjab
Supreme Court directed that Supreme Court's observations in the bail granting order regarding S.13 of the Pakistan Arms Ordinance, 1965, being non-bailable, was rectified to the extent that "no amendment had been made in S.13 of the Ordinance in the Province of Punjab to make the said offence non-bailable"
Application was disposed of accordingly with observation that present rectification did not affect the decision in appeal. Syed Khurshid Anwar Rizvi, DG Punjab Judicial Academy and Zahid Yousaf Qureshi, Additional AG, Khyber Pakhtunkhwa attended.
Judgment & Decree
NASIR-UL-MULK, C.J.
While disposing of Criminal Petitions Nos.81-P of 2012 and 82-P of 2012, the same were converted into appeals and allowed; consequently, the appellant was admitted to bail in a case registered under section 13/14 of the Pakistan Arms Ordinance, 1965 [herein after referred to as 'the Ordinance']. While granting bail it was observed in the judgment dated 15-10-2012, that the Province of Punjab had brought an amendment whereby the offence under section 13 of the Ordinance has been made non-bailable. This is an application filed on behalf of the Punjab Judicial Academy, Lahore, wherein it has been stated that during discussion in some training program at the Academy it was pointed out that the said amendment, referred to above, has not been made and, therefore, the opinion of the Law and Parliamentary Affairs Department, Government of Punjab, was sought. According to the said opinion no such amendment has been made.
2. Learned Law Officer for the State agrees that the above error needs to be rectified; consequently, this application in the form of review Petition is allowed and the observation made in para 3 of the judgment referred to above, is rectified to the extent that no amendment has been made in section 13 of the Ordinance in the Province of Punjab to make the offence non-bailable. The rectification does not affect the decision in the appeal.
3. The application is disposed of in the above terms. MWA/C-5/SC Order accordingl