2008 PLP 966 (SCMR)
SOHAIL AHMED BABAR — Petitioner Versus THE STATE and another — Respondents
| Citation | 2008 PLP 966 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas, Actg. C.J. and Sardar Muhammad Raza Khan, J |
| Parties | SOHAIL AHMED BABAR — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 966 (SCMR)?
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 966 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas, Actg. C.J. and Sardar Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 966 (SCMR) (SOHAIL AHMED BABAR — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shamsher Iqbal, Advocate Supreme Court for Petitioner.
- 3. We have heard Mr. Muhammad Shamsher Iqbal, learned Advocate Supreme Court for the petitioner and Chaudhry Munir Sadiq, learned Deputy Prosecutor-General, Punjab and gone through the record. Presently charge has been framed against the petitioner and the case has been set down for recording evidence, which is likely to be commenced do not feel inclined to interfere with the exercise of discretion, as the same does not suffer from any illegality or arbitrariness. Petition is, therefore, dismissed and leave to appeal refused.
Headnotes / Summary
(On appeal from judgment of Lahore High Court, Lahore, dated 8-3-2007 passed in Criminal Miscellaneous No.10360/CB of 2006).
S. 497
Penal. Code (XLV of 1860), S.489-F
Constitution of Pakistan (1973), Art.185(3)
Recalling of bail granting order
Petitioner was aggrieved by order passed by High Court whereby order granting bail to petitioner was recalled
Charge had been framed against petitioner and case had been set down for recording of evidence, which was likely to be commenced soon
Impugned order not suffering from any illegality or arbitrariness, petition for leave to appeal was dismissed. Chaudhry Munir Sadiq, Deputy Prosecutor-General for the State.
Judgment & Decree
RANA BHAGWANDAS, ACTG. C.J.
Petitioner is aggrieved by Lahore High Court order, dated 8-3-2007 whereby bail granted to the petitioner vide order, dated 18-10-2006 in F.I.R. No.163, dated 21-5-2006 registered at Police Station Kotwali, District Faisalabad under section 489-F, P.P.C. was recalled.
2. Petitioner was admitted to bail by Lahore High Court vide order, dated 18-10-2006 in the sum of Rs.80,000 on the consideration that trial Court had not commenced the proceeding and that the alleged offence was not covered by prohibitory clause of section 497, Cr. P. C. However, at the instance of respondent/complainant Muhammad Afzal, after notice to the petitioner, learned Judge in Chambers recalled the bail granting order, as the conduct of the petitioner was found to be not above board.
3. We have heard Mr. Muhammad Shamsher Iqbal, learned Advocate Supreme Court for the petitioner and Chaudhry Munir Sadiq, learned Deputy Prosecutor-General, Punjab and gone through the record. Presently charge has been framed against the petitioner and the case has been set down for recording evidence, which is likely to be commenced do not feel inclined to interfere with the exercise of discretion, as the same does not suffer from any illegality or arbitrariness. Petition is, therefore, dismissed and leave to appeal refused. H.B.T./S-13/SC Leave refused.