2009 P Cr (PLP)
Syed KHURRAM GILLANI — Petitioner Versus THE STATE — Respondent
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Syed KHURRAM GILLANI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 P Cr (PLP) (Syed KHURRAM GILLANI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), S.489-F
Cheque of Rs.4,00,000 given by accused to the complainant had been dishonoured by the Bank
Accused had filed three applications for pre-arrest bail before Sessions Court, two of which had been dismissed for non-prosecution
In his third application accused had suppressed the fact of dismissal of his earlier two bail applications
Accused was found guilty in police investigation
Earlier bail application had also been dismissed by High Court for non-prosecution
While the order was being recorded by High Court in the present bail application, accused had slipped out of the Court in total disregard to the Court
Extraordinary concession from the Court could only be allowed in extraordinary circumstances, e.g., where mala fides or ulterior motive seemed apparent on part of the complainant or police, which was not the case in the instant bail application
On the contrary conduct of accused was loathsome as stated above
Counsel for the accused had also failed to take into account his obligations towards the Court
Bail application was dismissed in circumstances.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The petitioner seeks adjournment on ground that his counsel is not available.
2. The brief facts of the case are that petitioner stands nominated in F.I.R. No.202 of 2008, dated 24-6-2008, under section 489-F, P.P.C., registered at Police Station Sarwar Road, Lahore.
3. The petitioner is directly nominated in the F.I.R. with the allegation that he had received Rs.4,00,000 from the complainant with promise to return the same within one and a half month. He failed to fulfil his liability instead of that he handed over a Cheque No.CD-502773804 to be drawn on Allied Bank Limited, DHA, Lahore. However, the cheque was dishonoured by the Bank.
4. The petitioner applied three bail applications for pre-arrest bail before the learned Additional Sessions Judge, two applications were dismissed for non-prosecution on 11-10-2008 and on 11-11-2008. During the pendency of the above bail applications on 10-9-2008, the petitioner got recorded his statement that on 29-9-2008 he would repay the amount due towards him which he failed to do. Moreover, when petitioner filed third application before the learned Additional Sessions Judge he suppressed the fact of dismissal of earlier two bail applications. During the course of investigation he was found guilty. Petitioner's earlier bail application, Criminal Miscellaneous.No.11902/B of 2008 was also dismissed by this Court for non-prosecution. Today, while this order was still being recorded, he slipped out of the Court in total disregard to the Court.
5. Therefore, in the above circumstances, this bail application cannot be granted. Extraordinary concession from the Court can only 'be allowed in extraordinary circumstances, for example, where mala fide or ulterior motive seems apparent on part of the complainant or police which is not the case in the instant bail application. On the contrary, conduct of the petitioner is loathsome as lucidly stated above. The learned counsel who filed this bail application should also have taken into account his obligations towards this Court before filing this bail application. Reading of legal etiquettes is recommended, which is available in book, "The Legal Practitioners Act."
6. With the foregoing observations, this bail application is dismissed. N.H.Q./K-8/L Bail refuse