MLD 1989

1989 PLP 2937 (MLD)

GHULAM SARWAR — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 1378/B of 1989, decided on 22nd May, 1989.
Honorable Judges
Riaz Ahmad, J
Case Reference Summary (AEO Optimized)
Citation 1989 PLP 2937 (MLD)
Forum / Court Lahore
Bench Members Riaz Ahmad, J
Parties GHULAM SARWAR — Petitioner Versus THE STATE — Respondent
Primary Law (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 PLP 2937 (MLD)?

This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 PLP 2937 (MLD)?

The case was heard and decided by the Lahore bench comprising: Riaz Ahmad, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 PLP 2937 (MLD) (GHULAM SARWAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Criminal Procedure Code (V of 1898) (b) Criminal Procedure Code (V of 1898)

Representation

  • R.A. Awan for Petitioner.

Headnotes / Summary

S. 497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4- Bail, grant of--Statutory ground--Delay not attributed to accused--Bail refused- Trial Court however, was directed to take up case on priority basis.

S. 497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4--Suo motu notice for cancellation of bail was issued by High Court in a case in which bail was granted by Sessions Judge on ground of statutory delay. Zaeemul Farooq, AA.-G. for the State.

Judgment & Decree

S. 497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4--Suo motu notice for cancellation of bail was issued by High Court in a case in which bail was granted by Sessions Judge on ground of statutory delay. R.A. Awan for Petitioner. Zaeemul Farooq, AA.-G. for the State. Report sent by the learned Magistrate has been perused. He regrets, that the trial could not be concluded on account of the slackness on the part of the prosecution to produce prosecution witnesses. Report further indicates that cases of similar nature are being sent to the Court of Sessions Judge to conduct the trial. Accordingly, the learned Sessions Judge, Lahore is directed to take up this case on priority basis. 2. Mr. RA. Awan, Advocate learned counsel for the petitioner contends that the petitioner is entitled to the grant of bail on statutory ground, and the delay is not attributable to the petitioner. I have considered all these aspects of the case, in such like cases, I am not inclined to grant bail, therefore, this petition stands dismissed. 3. In course of arguments, learned counsel has placed before me a certified copy of the order passed by the learned Additional Sessions Judge, Lahore dated 22nd of April, 1989, in which, one Muhammad Shari son of Karm Din was granted bail by Mehr Muhammad Altaf, Additional Sessions Judge, Lahore. In this case, one Kilogram heroin was recovered from the accused. Bail was allowed to the accused on statutory ground. 4. In this view of the matter, in exercise of the suo motu powers, notice is hereby issued to Muhammad Shafi, to show cause as to why bail allowed to him should not be cancelled. Record of this case be also called for. 5. To come up on 30th of May, 19$9. SA./G-247/L Bail refused.