P L D 2016 Supreme Court 11 (PLP)
NISAR AHMED — Petitioner Versus The STATE and others — Respondents
| Citation | P L D 2016 Supreme Court 11 (PLP) |
| Forum / Court | High Court |
| Bench Members | Anwar Zaheer Jamali, Ejaz Afzal Khan and Mushir Alam, JJ |
| Parties | NISAR AHMED — Petitioner Versus The STATE and others — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2016 Supreme Court 11 (PLP)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2016 Supreme Court 11 (PLP)?
The case was heard and decided by the High Court bench comprising: Anwar Zaheer Jamali, Ejaz Afzal Khan and Mushir Alam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2016 Supreme Court 11 (PLP) (NISAR AHMED — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khakim Hussain Qaiser, ASC and Syed Rifaqat Husain Shah, AOR for Petitioner.
- Nemo for Respondents.
- 3. We have heard the arguments of learned Advocate Supreme Court for the petitioner. He has contended that the petitioner is entitled for grant of bail, as compliance of the directions issued by the High Court in its orders dated 04.6.2014 and 15.5.2015, regarding expeditious disposal of the criminal case against the petitioner, has not been made and further filing of direct complaint by respondent. No.2 has furnished a fresh ground to the petitioner to move another bail application.
Headnotes / Summary
S. 497
Constitution of Pakistan, Art. 185(3)
Non-compliance of the directions issued by the High Court (to the Trial Court) to conclude the trial expeditiously or within specified time
Non-compliance with such direction could not be considered a valid ground to grant bail to the accused
Petition for leave to appeal was dismissed accordingly and bail was refused.
Ss. 200 & 497
Constitution of Pakistan, Art. 185(3)
Four bail applications moved by the accused before the High Court were dismissed
Complainant in the meanwhile had also filed a direct complaint
Accused contended that filing of direct complaint by complainant had furnished a fresh ground for him to move another bail application/petition
Filing of direct complaint had no bearing as regards earlier bail refusing orders, which had attained finality, unless accused could show some fresh ground for considering his request for grant of bail
Petition for leave to appeal was dismissed accordingly and bail was refused.
Judgment & Decree
ANWAR ZAHEER JAMALI, J.--Petitioner is one of the nominated accused in crime No.324 of 2012, dated 08.12.2012, P.S. Shahkot, District Sahiwal, registered under sections 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(iii), 148, 149, PPC with the allegations that he along with nine other co-accused, while forming an unlawful assembly, committed qatl-i-amd of Yasir Abbas and caused injuries to three other persons. The petitioner was assigned specific role of causing fatal injury to the deceased.
2. The petitioner was arrested on 14.1.2013 and since then he is stated to be in custody. The first bail application moved him before the Lahore/High Court, being Criminal Miscellaneous No.2148-B of 2014, was dismissed on 04.6.2014; his second bail application, being Criminal Miscellaneous No.1735-B/2015 was dismissed vide order dated 15.5.2015 and the third bail application, being Criminal Miscellaneous No.3819-B of 2015, was dismissed as not pressed vide order dated 29.6.2015. In this manner, as it appears from the case record, Criminal Misc. No.4327-B/2015 was the fourth bail application, which was dismissed by the High Court through the impugned order dated 29.7.2015.
3. We have heard the arguments of learned Advocate Supreme Court for the petitioner. He has contended that the petitioner is entitled for grant of bail, as compliance of the directions issued by the High Court in its orders dated 04.6.2014 and 15.5.2015, regarding expeditious disposal of the criminal case against the petitioner, has not been made and further filing of direct complaint by respondent. No.2 has furnished a fresh ground to the petitioner to move another bail application.
4. We have scanned the material placed on record and are unable to subscribe to such submissions of the learned ASC. Neither non-compliance of the directions issued to the trial Court to conclude the trial expeditiously or within some specified time can be considered as valid ground for grant of bail to an accused, being alien to the provisions of section 497, Cr.P.C, nor filing of direct complaint will have any bearing as regards earlier bail refusing orders, which have attained finality, unless some fresh ground could be shown by the petitioner for consideration of his request for grant of bail afresh, which is lacking in the present case.
5. This being the position, leave is refused and this petition is dismissed. MWA/N-9/S Bail refused.