1996 PLP 934 (SCMR)
Brig. (Retd.) MANZUR MALIK ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 PLP 934 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, C. J., Wali Muhammad Khan and |
| Parties | Brig. (Retd.) MANZUR MALIK ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 934 (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 1996 PLP 934 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, C. J., Wali Muhammad Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 934 (SCMR) (Brig. (Retd.) MANZUR MALIK ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court and S. Abul Aasim Jaffari, Advocate‑on‑Record for Petitioner.
- Date of hearing: 18th October, 1994.
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court and S. Abul Aasim Jaffari, Advocate-on-Record for Petitioner.
- S. Niaz Ali Shah, Additional Advocate-General, Punjab and Rao M. Yousaf Khan, Advocate-on-Record for the State.
Headnotes / Summary
(On appeal from the judgment dated 22‑8‑1994 of the Lahore High Court, Lahore in Crl. Misc. No. 3138/1994). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 409/420/161/218/109‑‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Allegation against accused was that he while performing duties as Chairman/Director‑General of Lahore Development Authority misused his powers and allotted very valuable plot to his wife for construction of a charitable clinic‑‑‑Wife of accused had already been granted interim bail in her petition for leave to appeal which was pending for hearing of Supreme Court‑‑‑Likewise, accused was admitted to interim bail and by consent both the matters were directed to be heard together. S. Niaz Ali Shah, Additional Advocate‑General, Punjab and Rao M. Yousaf Khan, Advocate‑on‑Record for the State.
Judgment & Decree
SAJJAD ALI SHAH, C.J.
This is bail application for post-arrest bail of the petitioner, who is being tried under sections 409, 420, 161, 218 read with 109, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947. He was taken in custody on 5th July, 1994. He applied for bail on merits and medical ground before the Special Judge, Anti-Corruption (Punjab), Lahore, which was dismissed. He applied for bail in the High Court which ordered constitution of a Medical Board consisting of two Cardiologists who have given positive findings in the report that the petitioner, who had undergone by-pass surgery for heart ailment, was still suffering from effort angina. After receipt of the report, it is stated that, the High Court has remanded the hearing of bail application to the trial Court.
2. Allegation of prosecution is that the petitioner, while performing duties as Chairman/Director-General of Lahore Development Authority, misused his powers and allotted very valuable plot to his wife for construction of a charitable clinic.
3. It is stated that his wife filed petition for leave to appeal in this Court, which is granted and she is on interim bail and that her petition is pending for hearing at Lahore Registry of this Court. Likewise, we admit to interim bail petitioner herein in the sum of Rs.5,00,000 with one surety and P.R. bond in the like amount to the satisfaction of the trial Court. By consent let both these matters to be heard at Lahore whenever the Bench is available in the next session. N.H.Q./M.2279/S Order accordingly.