1997 PLP 1335 (MLD)
ATHAR SHAHZAD PAPOO‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 1335 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Asif Jan, J |
| Parties | ATHAR SHAHZAD PAPOO‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1997 PLP 1335 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 1335 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Asif Jan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1335 (MLD) (ATHAR SHAHZAD PAPOO‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Saghir Ahmed for Petitioner
Headnotes / Summary
(a) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.498‑‑‑Penal Code (XLV of 1860) S.337‑F(ii)/337‑F(iv)/337‑A(ii)/ 148/149‑ ‑‑Pre‑arrest bail‑‑‑Specific allegation against the accused was that he had caused an injury on the right arm and also on the left hand of the complainant with a scythe as a result of which amputation had to be carried out‑‑‑Pre‑arrest bail‑ was declined to accused in circumstances. Sarwar Sultan v. The State and another PLD 1994 SC 133 ref. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.498‑‑‑Pre‑arrest bail‑‑‑Principle‑‑‑Discretion for grant of extraordinary concession of bail before arrest has to be exercised with utmost care and caution and the underlying principle is that neither the prosecution case nor the case of defence should be prejudged and prejudiced. Sarwar Sultan v. The State and another PLD 1994 SC 133 ref.
Judgment & Decree
Sarwar Sultan v. The State and another PLD 1994 SC 133 ref. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.498‑‑‑Pre‑arrest bail‑‑‑Principle‑‑‑Discretion for grant of extraordinary concession of bail before arrest has to be exercised with utmost care and caution and the underlying principle is that neither the prosecution case nor the case of defence should be prejudged and prejudiced. Sarwar Sultan v. The State and another PLD 1994 SC 133 ref. Ch. Saghir Ahmed for Petitioner Athar Shehzad petitioner seeks the extraordinary concession of bail before arrest in a case registered against him and others vide F.I.R. No.350 of 1995, dated the 12th of December, 1995, under section 337‑F(ii)/337‑F(iv)/ 337‑A(ii)/148/149, P.P.C. at Police Station Gaggo,. District Vehari, on the ground that there is a delay in lodging the F.I.R. and that at any rate the case against the petitioner is false.
2. The specific allegation against the petitioner is that he caused an injury on the right arm and also on the left hand of Muhammad Sharif complainant with a scythe as a result of which amputation had to be carried out.
3. The extraordinary concession of bail before arrest has to be granted with great care and caution. The discretion has to be exercised with utmost care and the underlying principle is that neither the case of the prosecution nor the case of the defence should be prejudged and prejudiced as has been laid down by my Lord Mr. Justice Sajjad Ali Shah, the present Chief Justice of Pakistan in the case of Sarwar Sultan v. The State and another (PLD 1994 SC 133).
4. There is no merit in this petition, which is dismissed. N.H.Q./A‑53/L Pre‑arrest bail refused.