2005 PLP 1504 (MLD)
HALEEM YOUSAF alias CH. PERVAIZ — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1504 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | HALEEM YOUSAF alias CH. PERVAIZ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1504 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1504 (MLD)?
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: 2005 PLP 1504 (MLD) (HALEEM YOUSAF alias CH. PERVAIZ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik for Petitioner.
Headnotes / Summary
S. 498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.15
Accused was holding double nationality
Accused left for abroad after grant of bail as challan was not submitted in the Court
On submission of challan notices were issued to accused but he failed to appear on which he was proceeded under Ss.87/88, Cr.P.C. and was declared proclaimed offender--Contention of accused was that. he proceeded abroad on assurance of his counsel for posting an intimation on submission of challan and his absence was neither deliberate nor wilful
Accused on direction of High Court surrendered his passport
Accused was granted bail on merit by Trial Court
Accused who was a national of Netherlands also, his proceeding abroad on the assurance of his counsel could not be doubted
Absence of accused, could not be termed as deliberate
Pre-arrest bail of accused was confirmed, in circumstance.
Judgment & Decree
This is an application for pre-arrest bail. The petitioner was admitted to ad interim pre-arrest bail on 8-3-2005 by this Court in case F.I.R. No.259 dated 1-7-2004 registered under section 15 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station A-Division Okara.
2. Learned counsel for the petitioner contends that the petitioner is innocent, in this case. He holds double nationality. He had left for Netherlands, after grant of bail, as challan was not submitted in Court, till then. On submission of challan, notices were issued. He was proceeded under sections 87/88, Cr.P.C. and declared proclaimed offender.
3. The petitioner's learned counsel argued that he proceeded abroad on the assurance of his counsel for posting an intimation on submission of challan, hence absence was neither deliberate nor wilful.
4. Learned counsel for the State has opposed the grant of pre-arrest bail and stated that he is a proclaimed offender.
5. This petition was to be heard by the learned trial Court, which had granted post-arrest bail but on apprehension expressed by petitioner of risk to his life, on account of allegation against him of practicing Ahmadi faith. It has been entertained here.
6. The petitioner on direction of this Court surrendered his passport with the Deputy Registrar (J) of this Court. The petitioner was granted bail on merit by the learned trial Court. He is a national of Netherlands also. His proceeding abroad on the assurance of his counsel cannot be doubted. His absence, therefore, cannot be termed as deliberate. His pre-arrest bail is, therefore, confirmed subject to his c furnishing bail bond in the sum of Rs.2,00,000 with two sureties in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. He shall appear on each date of hearing before the learned trial Court till decision. He can ask for return of his passport, on decision of the case against him. H.B.T./H-78/L???????????????????????????????????????????????????????????????????????????????????? Bail confirmed.