SCMR 1985

1985 PLP 696(1) (SCMR)

PERVEZ MAHMOOD — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
High Court
Decided Date
Criminal Petition for Special Leave to Appeal No. 286 of 1984, decided on 8th October, 1984.
Honorable Judges
Aslam Riaz Hussain, Actg. C.J., M.S.H. Quraishi and Mian Burhanuddin Khan, JJ
Case Reference Summary (AEO Optimized)
Citation 1985 PLP 696(1) (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain, Actg. C.J., M.S.H. Quraishi and Mian Burhanuddin Khan, JJ
Parties PERVEZ MAHMOOD — Petitioner Versus THE STATE — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1985 PLP 696(1) (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1985 PLP 696(1) (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Actg. C.J., M.S.H. Quraishi and Mian Burhanuddin Khan, JJ.

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

Cite this legal precedent as: 1985 PLP 696(1) (SCMR) (PERVEZ MAHMOOD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Raja Muhammad Anwar, Advocate Supreme Court with Sharif Hussain Bukhari, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record for Appellant.
  • Khalil Ramdey, Addl. A.-G., Punjab for the State. Date of hearing: 8th October, 1984.
  • Raja Muhammad Anwar, Advocate Supreme Court with Sharif Hussain Bukhari, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellant.
  • 3. After hearing learned counsel for the petitioner and the learned Additional Advocate‑General who appeared on behalf of the A.‑G. Punjab, we are inclined to confirm the interim bail. We accordingly convert this petition into appeal and allow it. The interim bail granted to the petitioner on 4‑9‑1984 is confirmed.

Headnotes / Summary

(Against the order of the Lahore High Court, dated 12-8-1984, passed in Criminal Miscellaneous No. 2137 of 1984).

Art.185(3)--Criminal Procedure Code (V of 1898), S. 497--Interim bail--Confirmation of--Petitioner having made good amount of loss prima facie not guilty of offence of misappropriation--Trial of case likely to commence in near future--Bail confirmed by Supreme Court.

Judgment & Decree

‑‑‑Art.185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Interim bail‑‑Confirmation of‑‑Petitioner having made good amount of loss prima facie not guilty of offence of misappropriation‑‑Trial of case likely to commence in near future‑‑Bail confirmed by Supreme Court. Raja Muhammad Anwar, Advocate Supreme Court with Sharif Hussain Bukhari, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Appellant. Khalil Ramdey, Addl. A.‑G., Punjab for the State. Date of hearing: 8th October, 1984. ASLAM RIAZ HUSSAIN, Actg. C.J.‑‑The petitioner was granted interim bail by this Court on 4‑9‑1984. The matter has now come up for confirmation of the interim bail.

2. It is submitted that on 11‑11‑1980 when the occurrence took place, there had in fact been a shortfall of Rs.5,000 and that the amount was made good by the petitioner within six days, that is, 17‑11‑1980. It is, therefore, urged that the petitioner was prima facie not guilty of the offence of misappropriation. It is further submitted that the trial of the case is likely to commence in the near future.

3. After hearing learned counsel for the petitioner and the learned Additional Advocate‑General who appeared on behalf of the A.‑G. Punjab, we are inclined to confirm the interim bail. We accordingly convert this petition into appeal and allow it. The interim bail granted to the petitioner on 4‑9‑1984 is confirmed. M.I. Order accordingly.