1989 PLP 4724 (MLD)
IFTIKHAR alias DOCTOR‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4724 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Zubair, J |
| Parties | IFTIKHAR alias DOCTOR‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4724 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4724 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Zubair, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4724 (MLD) (IFTIKHAR alias DOCTOR‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- C.H. Khan for Petitioner.
Headnotes / Summary
‑‑‑S.497‑‑Penal Code (XLV of 1860) S.302‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.18,‑‑Special Courts for Speedy Trials (Punjab) Rules, 1987, R.7‑‑Bail, grant of‑‑Case was pending before Special Court for Speedy Trial‑‑Court was not functioning‑‑Nearest Special Court was not approached before approaching High Court‑‑Application for bail, held, was misconceived and was dismissed. Asif Khalil for the State.
Judgment & Decree
‑‑‑S.497‑‑Penal Code (XLV of 1860) S.302‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.18,‑‑Special Courts for Speedy Trials (Punjab) Rules, 1987, R.7‑‑Bail, grant of‑‑Case was pending before Special Court for Speedy Trial‑‑Court was not functioning‑‑Nearest Special Court was not approached before approaching High Court‑‑Application for bail, held, was misconceived and was dismissed. C.H. Khan for Petitioner. Asif Khalil for the State. The petitioner Iflikhar alias Doctor, who is involved in a case uncle: section 302, P.P.C. and section 17 of Ordinance VI of 1979 registered at Police Station, Mochi Gate, vide F.I.R.No.123 dated 6‑9‑1968, has applied for post- arrest bail. The case is presently pending in the Special Court No.11 for Speed Trials (Punjab) Lahore.
2. The learned counsel for the State has at the very outset taken up a legal objection that the petitioner has filed the present petition without availing of his remedy before the concerned Special Court first and if the said Court is not functioning at present, as submitted by the learned counsel for the petitioner, then in view of rule 7, of Special Courts for Speedy Trials (Punjab) Rules, 1987, the bail application could be moved before the nearest available Special Court. The learned counsel for the State submitted that the present application is not competent and be dismissed as the petitioner has not approached the nearest available Special Court.
3. When confronted with this situation, the learned counsel for the p petitioner candidly admitted this legal position. In this view of the matter, this petition is misconceived and is disposed of accordingly. The petitioner, if so advised, may move an application for bail before the nearest available Special Court in the first instance, before approaching this Court. S.A./I‑147/L Petition dismissed.