PCRLJ 1977

1977 P Cr (PLP)

ABDUL GHANI‑Petitioner Versus THE STATE‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 3316/B of 1976, decided on 23rd September 1976.
Honorable Judges
Karam Elahee Chauhan, J
Case Reference Summary (AEO Optimized)
Citation 1977 P Cr (PLP)
Forum / Court Lahore
Bench Members Karam Elahee Chauhan, J
Parties ABDUL GHANI‑Petitioner Versus THE STATE‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1977 P Cr (PLP)?

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

Q2: Which judicial bench decided the case 1977 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Karam Elahee Chauhan, J.

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

Cite this legal precedent as: 1977 P Cr (PLP) (ABDUL GHANI‑Petitioner Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑

Representation

  • Mahmood Ahmad for Petitioner.

Headnotes / Summary

‑‑ S. 497‑Delay‑Petitioner in jail for last 6 months without any proceeding although case fixed for hearing on various dates but petitioner, in circumstances‑Petitioner admitted to bail, in circumstances. Raja Muhammad Khalil for the State.

Judgment & Decree

Criminal Miscellaneous No. 3316/B of 1976, decided on 23rd September 1976. ‑‑ S. 497‑Delay‑Petitioner in jail for last 6 months without any proceeding although case fixed for hearing on various dates but petitioner, in circumstances‑Petitioner admitted to bail, in circumstances. Mahmood Ahmad for Petitioner. Raja Muhammad Khalil for the State. Four persons, namely, Abdul Ghani son of Rehmat Ali Mohammad Adam son of Allah Din, Mohammad Aslam son of Ismail and Gulzar alias Gulloo were involved in a case under section 307/392/459, P. P. C. for causing injuries to Allah Rakha, Ghulam Sarwar and Mohammad Din, The last‑mentioned three accused, namely, two Mohammad Aslams and Gulzar have been released on bail by the Court of Session. This is an application for bail by Abdul Ghani. It is argued that Abdul Ghani is under custody from the 18th January, 1976. The challan was submitted in the Court of A. C., Kot Addu on 19‑2‑1976 but Abdul Ghani accused who is confined in Sahiwal Jail was not produced by the prosecution in the Court even for a single day. No doubt the case came up before the learned A. C. on four dates, namely, 21‑5‑1976, 8‑6‑1976, 21‑6‑1976 and 15‑7‑1976. but no proceedings took place, because, the prosecution did not take Abdul Ghani accused froth Sahiwal Jail to Kot Addu. In these circumstances due to the aforesaid conduct of the prosecution and the delay involved in the trial and also because the other co‑accused have been released on bail. I think they privilege of bail should not be refused to Abdul Ghani especially when the matter with regard to applicants any particular section of the P. P. C. is also still to be considered in detail by leading appropriate evidence in the trial. The application for bail is accepted. Abdul Ghani is released on bail in the sum of Rs. 10,000 (rupees ten thousand) with two sureties of the like amount to the satisfaction of A. C., Kot Addu. Petition allowed.