2002 P Cr (PLP)
KHALID — Petitioner Versus HAKEEM KHAN and another — Respondents
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | KHALID — Petitioner Versus HAKEEM KHAN and another — Respondents |
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 P Cr (PLP) (KHALID — Petitioner Versus HAKEEM KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Yousaf Shah for Petitioner.
- 2. I have heard Mr. Yousaf Shah, Advocate the learned counsel representing the petitioner at length and am not inclined to interfere with the impugned order, dated 8-5-2001 for the reasons firstly, the accused respondent has been assigned the role of grappling only. The complainant has compromised the matter with the main accused who had been charged for effective firing and whose case stood on higher pedestal than that of accused-respondent. Secondly, the bail granting order is neither perverse nor arbitrary nor fanciful nor the same has been obtained through fraud or misrepresentation. Thirdly, the accused-respondent has not misused the concession of bail till date.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), S.302/34
Application for cancellation of bail
Accused had been assigned only the role of grappling in the occurrence
Complainant had compromised the matter with the main accused who had been charged for effective firing on the deceased and whose case stood on a higher pedestal than that of accused
Order granting pre-arrest bail to accused was neither perverse nor arbitrary nor fanciful and the same had not been obtained through fraud or misrepresentation-- -Accused had not misused the concession of bail
Petition for cancellation of bail was dismissed in limine in circumstances.
Judgment & Decree
Criminal Miscellaneous Application No.551 of 2001, decided on 18th June, 2001.
S. 497(5)
Penal Code (XLV of 1860), S.302/34
Application for cancellation of bail
Accused had been assigned only the role of grappling in the occurrence
Complainant had compromised the matter with the main accused who had been charged for effective firing on the deceased and whose case stood on a higher pedestal than that of accused
Order granting pre-arrest bail to accused was neither perverse nor arbitrary nor fanciful and the same had not been obtained through fraud or misrepresentation-- -Accused had not misused the concession of bail
Petition for cancellation of bail was dismissed in limine in circumstances. Yousaf Shah for Petitioner. Having been involved in case registered vide F.I.R. No.117, dated 13-2-2001 under section 324/34, P.P.C. at Police Station "B" Division, Mardan the accused-respondent applied for ad interim pre- arrest bail in the Court of learned Additional Sessions Judge-II, Mardan, which was granted and confirmed on 8-5-2001. The complainant being not satisfied with this order filed this application for cancellation of bail granted to the accused-respondent.
2. I have heard Mr. Yousaf Shah, Advocate the learned counsel representing the petitioner at length and am not inclined to interfere with the impugned order, dated 8-5-2001 for the reasons firstly, the accused respondent has been assigned the role of grappling only. The complainant has compromised the matter with the main accused who had been charged for effective firing and whose case stood on higher pedestal than that of accused-respondent. Secondly, the bail granting order is neither perverse nor arbitrary nor fanciful nor the same has been obtained through fraud or misrepresentation. Thirdly, the accused-respondent has not misused the concession of bail till date. Consequently, the bail cancellation application is dismissed in limine. N. H. Q./353/P Petition dismissed.