2006 PLP 1105 (YLR)
ALLAH JAWAYA — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1105 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam-uz-Zaman, J |
| Parties | ALLAH JAWAYA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1105 (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 1105 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam-uz-Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1105 (YLR) (ALLAH JAWAYA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hassan Ahmed Khan Kanwar for Petitioner.
- Date of hearing; 13th October, 2005.
Headnotes / Summary
S. 497-Penal Code (XLV of 1860), 5.489-F
Since the trial of case had already commenced, it was not proper stage to dilate upon the factual aspect of the case, lest it should prejudice case of either party pending before the Trial Court
Even otherwise photo-copy of cheque in question produced on record had revealed that same was issued in the name of complainant
Petition for grant of bail, was dismissed with direction to the Trial Court to proceed with the matter expeditiously and conclude same within specified period. Mian Muhammad Hussain Chotia for the Complainant. Muhammad Azam for the State.
Judgment & Decree
MIAN MUHAMMAD NAJAM-?UZ-ZAMAN, J.
Seeks post-arrest bail in case F.I.R. No.176 of 2005, dated? 9-5-2005 for the offence under section 489-F, P.P.C. registers at Police Station, Depalpur, District Okara, on the grounds that petitioner had business dealings with one Safdar, resident of' another Chak and because of the said business dealings he had issued cheque (subject-matter of this FIR.); the same was never issued in favour of' the complainant as alleged in the F.I.R. Further submits that petitioner is behind the bars for the last six months and there is no progress in the matter, offence allegedly committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. Submits that during the investigation stand of the petitioner was also found to be correct by the Agency. Conversely counsel for the complainant submits that the cheque in dispute was issued in the name of' the complainant amounting to Rs.6,40,000 by the petitioner and the said cheque was not honoured by the Bank, thereafter present case was got registered. Further submits that challan has already been submitted before the trial Court and the matter is fixed for recording of prosecution evidence for 22-10-2005.
2. Heard. File perused. Since the trial has already commenced, it is not proper stage to dilate upon the factual aspect of the case lest it may prejudice the case of either party pending before the trial Court. Even otherwise learned counsel for the complainant has placed on record photo-copy of the cheque (subject-matter of the F.I.R.) which reveals that the same was issued in the name of the complainant. This petition having no merits stands dismissed with the direction to the trial Court to proceed with the matter expeditiously and to conclude the same within three months. H.B.T./A-35/L???????????????????????????????????????????????????????????? ??????????????????????????????????? Bail refused.