2020 PLP 861 (SCMR)
ABDUL GHAFOOR GONDAL — Petitioner Versus The STATE through P.G. Punjab and another — Respondents
| Citation | 2020 PLP 861 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Faez Isa and Sardar Tariq Masood, JJ |
| Parties | ABDUL GHAFOOR GONDAL — Petitioner Versus The STATE through P.G. Punjab and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 861 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 861 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Faez Isa and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 861 (SCMR) (ABDUL GHAFOOR GONDAL — Petitioner Versus The STATE through P.G. Punjab and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Umar Hayat Bhatti, Advocate Supreme Court and Chaudhry Akhtar Ali, Advocate-on-Record for Petitioner along with Petitioner.
- Malik Matiullah, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Respondent No. 2.
Headnotes / Summary
(Against the order dated 16.1.2020 of the Lahore High Court, Lahore passed in Crl. Misc. No. 62243-B of 2019)
Ss. 497(2) & 498
Penal Code (XLV of 1860), S. 489-F
Constitution of Pakistan, Art, 185(3)
Ad-interim pre-arrest bail, confirmation of
Plea on behalf of accused that the bank's witness in his statement under S. 161, Cr.P.C. had stated that the signature on the subject cheque did not match with the signature of accused in Bank's record; that the FIR was lodged after an inordinate delay of five years and no plausible explanation for the said delay had been given in the FIR; that under the circumstances it was a clear case of malicious and mala fide FIR and the accused was entitled to pre-arrest bail to protect him from undue harassment and humiliation
Held, that the complainant had not been able to satisfactorily controvert the pleas raised by the accused
Case was one of further enquiry and the probability of humiliating the accused and belatedly lodging of FIR could not be ruled out at present stage
Ad interim pre-arrest bail already granted to the accused by the Supreme Court was confirmed. Mirza Abid Majeed, Deputy Prosecutor-General, Punjab and Muhammad Anwar, S.I. for the State.
Judgment & Decree
Qazi Faez Isa, J. On 27th January 2020 notice was issued in respect of pre-arrest bail sought in respect of an offence under section 489-F of the Pakistan Penal Code ("P.P.C.") which was registered through FIR No.436/19 at Police Station City Kamonki, District Gujranwala on 28th August 2019.
2. The learned counsel for the petitioner states that the Bank's witness in his statement under section 161 of the Code of Criminal Procedure ("the Code") has stated that the signature on the said cheque does not match with the petitioner's signature in Bank's record. He further states that the FIR was lodged after an inordinate delay of five years and no plausible explanation for the said delay has been given in the FIR. He states that under the circumstances it is a clear case of malicious and mala fide FIR and the petitioner is entitled to pre-arrest bail to protect him from undue harassment and humiliation. The learned counsel for the complainant has not been able to satisfactorily controvert the points raised by the learned counsel for the petitioner. The case is one of further enquiry and the probability of humiliating the petitioner and by belatedly lodging of FIR cannot be ruled out at this stage. Therefore, under the circumstances, the ad interim pre-arrest bail already granted by this Court vide order dated 27th January 2020 is hereby confirmed. Consequently, this petition is converted into an appeal and allowed. MWA/A-16/SC Bail confirmed.