1999 PLP 3438 (MLD)
MUHAMMAD HANIF — Petitioner Versus THE STATE and another — Respondents
| Citation | 1999 PLP 3438 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD HANIF — Petitioner Versus THE STATE and another — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 3438 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3438 (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: 1999 PLP 3438 (MLD) (MUHAMMAD HANIF — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Zahid Hussain Khan for Petitioner
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), S. 302/34
Bail, cancellation of-- Earlier two bail applications filed by accused were dismissed
Subsequent hail application which was filed before different Bench and bail was allowed to accused did not maintain the fact of filing and dismissal of earlier hail applications in another Bench
Order allowing subsequent bail application, was recalled in circumstances.
Judgment & Decree
Zahid Hussain Khan for Petitioner Aftab Ahmad Bajwa for the State. Muhammad lqbal Butt for the State, Muhammad Rizwan respondent accused in criminal case F. I. R. No. 211 of 1996 dated 17-8-1996 under section 302/34, P. P. C., Police Station Gujjarpura, Lahore, was allowed bail by order dated 17-11-1997 Present application was submitted for recall of the order on the ground that co-accused of the petitioner had submitted bail applications' which were dismissed by another learned Bench and. the respondent had not disclosed this fact while submitting the application.
2. Notice was issued to the-respondent. Learned counsel for the parties have been heard in the matter:
3. Learned counsel for the respondents submitted that he had offered assistance to grand-mother and sister of Rizwan-accused after finding them in miserable condition in District Courts and when the application submitted, the factum of submission of applications by Akhtar Yazdani, father of Rizwan and co-accused, was not disclosed and that the application was moved by him bona fide.
4. Akhtar Yazdani, father of Rizwan filed a Criminal Miscellaneous No. 5516-B of 1996, which was dismissed on 8-12-1996 by another learned Bench. Criminal Miscellaneous No. 708-B of 1997 was moved again by Akhtar Yazdani which was dismissed on 18-3-1997. Thereafter Rizwan respondent filed Criminal Miscellaneous No. 4233-B of 1997 which was disposed of by me on 17-11-1997. Filing of applications earlier by Akhtar Yazdani; father of Rizwan, was not disclosed. The explanation furnished by learned counsel for Rizwan, appears to be bona fide and may be the grand-mother of Rizwan or his sister who had engaged him had not disclosed the factum of, filing of earlier application by Akhtar Yazdani, father of Rizwan, but nonetheless since the dictum of Supreme Court in Zubair's case (PLD 1986 SC 173) required that the bail application filed by Muhammad Rizwan ought to have been dealt with by the same learned Bench which had heard and disposed of Criminal Miscellaneous Nos. 5516-B of 1996 and 708-B of 1997, 1 consider that the order dated 17-11-1997 allowing bail to Muhammad Rizwan has to be recalled.
5. The order dated 17-11-1997 allowing bail to Muhammad Rizwan is recalled and the bail allowed to him is cancelled. H.B.T./M-788/L Petition allowed.