2013 PLP 379 (YLR)
Qari ABDUL KHALIQ — Petitioner Versus The STATE and another — Respondents
| Citation | 2013 PLP 379 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Abdul Waheed Khan, J |
| Parties | Qari ABDUL KHALIQ — Petitioner Versus The STATE and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 379 (YLR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 379 (YLR)?
The case was heard and decided by the Lahore bench comprising: Abdul Waheed Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 379 (YLR) (Qari ABDUL KHALIQ — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tanveer Iqbal for Petitioner.
Headnotes / Summary
S.497(5)
Penal Code (XLV of 1860), Ss.376, 511 & 452
Rape, house-trespass after preparation for hurt, assault or wrongful restraint
Application for cancellation of bail, refusal of
Nothing on record showed that accused had made any attempt to temper with the prosecution evidence or that he had misused the concession of bail
Order of court below, granting bail to accused, was well-versed and reasons advanced by the Court were well founded
Application for cancellation of bail was dismissed, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 foll.
S.497(5)
Bail can be cancelled if the same has been granted in capricious manner either without assigning reasons or on the basis of perverse or invalid reasons
Bail can also be cancelled if accused attempts to tamper with the evidence, hamper investigation, commits or attempts to commit same offence or if he absconds after grant of bail
Provisions of subsection (5) of S. 497, Cr.P.C are not punitive in nature and there is no compulsion for cancelling the bail unless the bail granting order is patently illegal, erroneous, factually incorrect and had resulted in miscarriage of justice or where accused is found to be misusing the concession of bail by extending threats or tampering with the prosecution case.
Judgment & Decree
ABDUL WAHEED KHAN, J.
Through the instant petition under section 497(5), Cr.P.C. the petitioner has called in question the vires of order dated 4-10-2011 passed by learned Additional Sessions Judge, Attock; whereby Khalid Abbas/ respondent No.1 was admitted to bail in case F.I.R. No.383, dated 22-9-2011 offence under sections 376, 511, 452, P.P.C. registered of Police Station Saddar, District Attock.
2. Learned counsel for the petitioner contends that the impugned order dated 4-10-2011 has been passed without observing the mandatory provisions of law. It is next submitted that respondent is nominated in the F.I.R. and specific role has also been ascribed to him. Moreover, sufficient incriminating material is available on the record to connect him with the commission of offence as such the impugned order dated 4-10-2011, passed by Additional Sessions Judge, is liable to be set at naught.
3. Preliminary arguments heard. Record perused.
4. Bail can be cancelled if the same has been granted in capricious manner either without assigning reasons or on the basis of perverse or invalid reasons. Bail can also be cancelled if accused attempts to tamper with the evidence, hamper investigation commits or attempts to commit same offence or if he absconds after grant of bail. Provisions of sub-section (5) of section 497, Cr.P.C. are not punitive in nature and there is no compulsion for cancelling the bail unless the bail granting order is patently illegal, erroneous factually incorrect and had resulted in miscarriage of justice or where accused is found to be misusing the concession of bail by extending threats or tampering with the prosecution case. There is nothing on record to show that the respondent has made any attempt to tamper with the prosecution evidence or that he has misused the concession of bail. Bare readings of impugned order dated 4-10-2011 reflects that the same is well-versed and the reasons advanced by the learned Additional Sessions Judge are well founded. Even otherwise, in its ratio decidendi in the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC 345), the august Supreme Court of Pakistan in para. No.9 of the judgment had held as under:-- "The considerations for the grant of bail and for cancellation of the same are altogether different. Once the bail is granted by a court of competent jurisdiction, then strong and exceptional grounds would be required for cancellation thereof."
5. For the foregoing reasons, If find no force in the instant petition, which is accordingly dismissed in limine. MWA/A-241/L Petition dismissed.