2008 PLP 732 (YLR)
SHAHID — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 732 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Hasnat Ahmad Khan, J |
| Parties | SHAHID — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 732 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 732 (YLR)?
The case was heard and decided by the Lahore bench comprising: Hasnat Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 732 (YLR) (SHAHID — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.419 & 420
Offences with which accused had been charged, did not fall within the prohibitory clause of S.497, Cr. P. C.
Accused was behind the bars since his arrest on 2-12-2006
Bail should not be withheld as a matter of punishment
Accused was admitted to bail, in circumstances. Tariq Bashir v. The State PLD 1995 SC 34 rel. Ch. Khalid Mehmood Arain for the Petitioner. Sh. Imtiaz Ahmad for the State. Complainant in person. Muhammad Amin, A.S-I.
Judgment & Decree
HASNAT AHMAD KHAN, J.
Through this application post-arrest bail has been sought in case F.I.R. No.620/2006, dated 28-8-2006, under sections 419/420, P.P.C, read with Allopathic System Ordinance, 1962, registered with Police Station Noor Shah, District Sahiwal.
2. Prior to approaching this Court, the petitioner had approached learned Additional Sessions Judge, Sahiwal; for grant of bail after arrest which was refused vide order dated 14-12-2006.
3. According to the prosecution story, the petitioner, though is not qualified doctor, but he was found practising as medical practitioner.
4. Learned counsel for the petitioner submits that the offence under section 420, P.P.C. is bailable, while offence under section 419, P.P.C. does not fall within the prohibitory clause. He adds that the petitioner is behind the bars since 2-12-2006.
5. Learned counsel for the State has 'opposed this bail application.
6. After hearing both the parties, it has been straightaway noticed that the offences with which the petitioner has been charged, do not fall within the prohibitory clause. The petitioner is behind the bars since 2-12-2006. It is established law that the bail should not be withheld as a matter punishment. While relying upon the famous case reported as Tariq Bashir v. The State PLD 1995 SC 34 this application is allowed and the petitioner is admitted to post-arrest bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./S-183/L Bail granted.