1968 PLP 1439 (SCMR)
AKHTAR ZAHOOR‑Petitioner Versus THE STATE‑Respondent
| Citation | 1968 PLP 1439 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | AKHTAR ZAHOOR‑Petitioner Versus THE STATE‑Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1968 PLP 1439 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 1439 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 1439 (SCMR) (AKHTAR ZAHOOR‑Petitioner Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Abdul Manan, Advocate Supreme Court instructed by Sh. Masud Akhtar, Attorney for Petitioners (in both the Petitions).
- Date of hearing : 18th October 1968. .
- Raja Said Akbar Khan, Advocate‑General West Pakistan (Dilawar Mahmud, A. A.‑G. with him) instructed by Ijaz Ali, Attorney for the State (in both the Petitions).
Headnotes / Summary
(On appeal from the judgment and order‑of the High Court of West Pakistan, Lahore, dated the 4th September 1968, in Criminal Miscellaneous No. 330/1968 and Criminal Appeal No. 324 of 1968). --Ss. 379 & 411‑Bail refused to accused by lower Courts‑Contention that copper wire alleged to be stolen bore no identity mark and that accused had purchased wire bona fide and was in possession of receipt in token of purchase‑Special Leave to Appeal granted by Supreme Court in view of value of subject‑matter of offence being small‑Interim bail also granted pending appeal. Raja Said Akbar Khan, Advocate‑General West Pakistan (Dilawar Mahmud, A. A.‑G. with him) instructed by Ijaz Ali, Attorney for the State (in both the Petitions). OR DER SAJJAD AHMAD, J.‑This order will dispose of Petitions for Special Leave to Appeal Nos. 286 and 287 of 1968 relating to the petitioner's bail in a case registered against them under section 379/411, P. P. C. read with section 25 of the Telegraph Act and 43 of the Defence of Pakistan Rules. The prosecution case as alleged appears to be that some copper wire weighing about 15 seers was recovered from the shop of the petitioners which they are running as a partnership firm along with others by the name of Malik Industries Kashmir‑Road, Rawalpindi. Petitioner Akhtar Zahoor was arrested on the 1st of August 1968, and is in custody since `then. His bail application was rejected by the Courts below and finally by the High Court on the 4th of September 1968. Simultaneously the application of the other petitioners for bail before arrest was also dismissed by the High Court. The learned counsel for the petitioners has submitted that no identity mark is shown to exist on the copper wire in question to prove that it was stolen property belonging to the Telegraph Department. It is further submitted that the petitioners are the bona fide purchasers possessing receipts in token of their purchase and it is unfair to presume guilty knowledge on their part at this stage. We feel that as the value of the subject‑matter of the offence is not much and the guilt of the petitioners requires a further inquiry, the question of the petitioner's bail merits consideration. We grant leave to appeal as prayed for. The petitioner Akhtar Zahoor is to be released on bail to the satisfaction of the District Magistrate, Rawalpindi during the pendency of this appeal. Similarly the petitioners in C. P. S. L. A. No. 287/68 are allowed hail before arrest to the satisfaction of the District Magistrate Rawalpindi, during the pendency of this appeal. This order will not in any manner prejudice the merits of the case. Leave granted.
Judgment & Decree
(On appeal from the judgment and order‑of the High Court of West Pakistan, Lahore, dated the 4th September 1968, in Criminal Miscellaneous No. 330/1968 and Criminal Appeal No. 324 of 1968). Penal Code (XLV of 1860)
Ss. 379 & 411‑Bail refused to accused by lower Courts‑Contention that copper wire alleged to be stolen bore no identity mark and that accused had purchased wire bona fide and was in possession of receipt in token of purchase‑Special Leave to Appeal granted by Supreme Court in view of value of subject‑matter of offence being small‑Interim bail also granted pending appeal. Sh. Abdul Manan, Advocate Supreme Court instructed by Sh. Masud Akhtar, Attorney for Petitioners (in both the Petitions). Raja Said Akbar Khan, Advocate‑General West Pakistan (Dilawar Mahmud, A. A.‑G. with him) instructed by Ijaz Ali, Attorney for the State (in both the Petitions). Date of hearing : 18th October 1968. . OR DER SAJJAD AHMAD, J.‑This order will dispose of Petitions for Special Leave to Appeal Nos. 286 and 287 of 1968 relating to the petitioner's bail in a case registered against them under section 379/411, P. P. C. read with section 25 of the Telegraph Act and 43 of the Defence of Pakistan Rules. The prosecution case as alleged appears to be that some copper wire weighing about 15 seers was recovered from the shop of the petitioners which they are running as a partnership firm along with others by the name of Malik Industries Kashmir‑Road, Rawalpindi. Petitioner Akhtar Zahoor was arrested on the 1st of August 1968, and is in custody since `then. His bail application was rejected by the Courts below and finally by the High Court on the 4th of September 1968. Simultaneously the application of the other petitioners for bail before arrest was also dismissed by the High Court. The learned counsel for the petitioners has submitted that no identity mark is shown to exist on the copper wire in question to prove that it was stolen property belonging to the Telegraph Department. It is further submitted that the petitioners are the bona fide purchasers possessing receipts in token of their purchase and it is unfair to presume guilty knowledge on their part at this stage. We feel that as the value of the subject‑matter of the offence is not much and the guilt of the petitioners requires a further inquiry, the question of the petitioner's bail merits consideration. We grant leave to appeal as prayed for. The petitioner Akhtar Zahoor is to be released on bail to the satisfaction of the District Magistrate, Rawalpindi during the pendency of this appeal. Similarly the petitioners in C. P. S. L. A. No. 287/68 are allowed hail before arrest to the satisfaction of the District Magistrate Rawalpindi, during the pendency of this appeal. This order will not in any manner prejudice the merits of the case. Leave granted.