2005 PLP 1781 (MLD)
ASRAR KHAN alias CHACHU — Petitioner Versus THE STATE — Respondents
| Citation | 2005 PLP 1781 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASRAR KHAN alias CHACHU — Petitioner Versus THE STATE — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1781 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1781 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1781 (MLD) (ASRAR KHAN alias CHACHU — Petitioner Versus THE STATE — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Javed for Petitioner.
Headnotes / Summary
S.498
Punjab Prevention of Gambling Ordinance (VII of 1978), S.5
Occurrence had taken place in the dead of the night of 1-45 a.m.
Accused was not apprehended at the spot
Raiding party did not know the accused prior to the occurrence
Name of accused had been disclosed to the riding party by co-accused who was apprehended at the spot
Apart from such disclosure by the co-accused admittedly no other independent evidence was available to connect the accused with the alleged offence
Seeking arrest of the accused in the absence of any independent evidence regarding his complicity might smack of mala fides on the part of the police
Five co-accused in the case, apprehended on the spot, had already been released on bail by the Sessions Court
Accused had joined the police investigation and nothing was to be recovered from his possession
Ad interim pre-arrest bail allowed to accused was confirmed in circumstances.
Judgment & Decree
Through this petition Asrar Khan alias Chachu petitioner has sought pre-arrest bail in case F.I.R. No.319 registered at Police Station Model Town, Gujranwala on 13-5-2005 in respect of an offence under section 5 of the Punjab Prevention of Gambling Ordinance, 1978. Earlier on the petitioner had approached the Court of Session, Gujranwala-for his pre-arrest bail but his application in that regard was dismissed by the learned Additional Sessions Judge, Gujranwala vide order dated 30-5-2005. Hence, the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the record it has been noticed by me that the alleged occurrence in this case had taken place in the dead of a night, i.e., at 1-45 a.m, and admittedly the petitioner had not been apprehended at the spot. According to the F.I.R. the petitioner was not known to the raiding party prior to the present occurrence and his name had been disclosed to the raiding party by the petitioner's co-accused who had been apprehended at the spot. It has been admitted by the police officer present before the Court that apart from such disclosure by the co-accused of the petitioner regarding the petitioner's complicity there is no other independent evidence available in this case so as to connect the petitioner with the alleged offence. Seeking arrest of the petitioner in the absence of my independent evidence regarding his complicity may smack of mala fide on the part of the police. According to the learned counsel for the petitioner five co-accused of the petitioner who had allegedly been apprehended at the spot have already been admitted to post-arrest bail by the learned Additional Sessions Judge, Gujranwala. The petitioner has already joined the investigation and nothing is to be recovered from his possession.
3. For what has been discussed above this petition is accepted and the ad interim pre-arrest bail already allowed to the petitioner by this Court vide order dated 3-6-2005 is hereby confirmed subject to furnishing of a fresh bail bond by the petitioner in the sum of ks.30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the Area Magistrate of Police Station Model Town, Gujranwala within a period of two weeks from today. N.H.Q./A-537/L Pre-arrest bail allowed.