2006 PLP 2704 (YLR)
UMAR HAYAT — Petitioner Versus MUHAMMAD ASGHAR ALI and another — Respondents
| Citation | 2006 PLP 2704 (YLR) |
| Forum / Court | High Court |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | UMAR HAYAT — Petitioner Versus MUHAMMAD ASGHAR ALI and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 2704 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 2704 (YLR)?
The case was heard and decided by the High Court bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2704 (YLR) (UMAR HAYAT — Petitioner Versus MUHAMMAD ASGHAR ALI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ghulam Murtaza Virk for Petitioner.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), Ss.295-8, 436, 452, 427, 337-H (2), 148 & '. 149
Petition for cancellation of bail
Petitioner/complainant had sought cancellation of bail already granted to respondent/accused, mainly on the ground that after having been released on bail, accused appeared before the Trial Court on some dates and then absented himself without any justification to cause delay in the trial
Order sheet of the Trial Court attached with petition, had shown that non- bailable warrants had already been issued against respondent/ accused and the Trial - Court was fully competent to cause his arrest for his failure to appear in the Court and to conduct other proceedings against him under Ss. 87 & 88, Cr. P. C. for , forfeiture of surety bonds and could separate his case under 5.512, Cr.P.C. by declaring him proclaimed offender
Grievance of petitioner/complainant having already been redressed by the Trial Court by issuing non-bailable warrants against respondent/accused, there was no need to take further action
Petition was disposed of accordingly.
Judgment & Decree
IJAZ AHMAD CHAUDHRY, J.
The petitioner is a complainant of case F.I.R. No.425 registered on 19-9-2002 under sections 295-B, 436, 452, 427, 337-H(2), 148, 149, P.P.C., at Police Station Bhikhi, District Sheikhupura and through this application under section 497(5), Cr.P.C. has sought cancellation of bail already granted to respondent No.1 Muhammad Asghar by this Court vide orders dated 13-6-2006 passed in Criminal Misc. No.2715-B of 2006 mainly on the ground that after having been released on bail the respondents appeared before learned trial Court on some dates and then absented himself without any justification to cause delay in the trial.
2. The learned counsel for the petitioner contends that the absence of the respondent from the learned trial Court provides sufficient ground for cancellation of his bail.
3. I have heard the learned counsel for the petitioner and perused the documents attached with this petition which reveals that against the order of this Court for grant of bail to the respondent the petitioner had approached the august Supreme Court by filing Criminal Petition No.148 of 2006, which has been dismissed as withdrawn vide orders dated 23-6-2006 and the learned trial Court has been directed to conclude the trial within 4 months. A perusal of the order sheet of the learned trial Court attached with this petition shows that non-bailable warrants have already been issued against the respondent and the learned trial Court is fully competent to cause arrest of the respondent for his failure to appear in the Court and conduct other proceedings against him under section 87198, Cr.P.C., forfeiture of the surety bonds and can separate his case under section 512, Cr.P.C. by declaring him P.O. The grievance of the petitioner has already been redressed by the learned trial Court by issuing non-bailable warrants against the respondent-accused and I do not find any need to take further action in this petition, which is disposed of accordingly. H.B.T./U-6/L?? Order accordingly.