YLR 2005

2005 PLP 1407 (YLR)

ZAFAR ALI — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.9321-B of 2004, decided on 22nd December, 2004.
Honorable Judges
Khawaja Muhammad Sharif, J
Case Reference Summary (AEO Optimized)
Citation 2005 PLP 1407 (YLR)
Forum / Court Lahore
Bench Members Khawaja Muhammad Sharif, J
Parties ZAFAR ALI — Petitioner Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2005 PLP 1407 (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 2005 PLP 1407 (YLR)?

The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2005 PLP 1407 (YLR) (ZAFAR ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Malik Aslam Ali Saif for Petitioner.

Headnotes / Summary

S. 498

Bail before arrest, refusal of

Accused was found guilty in second investigation

Considerations for grant of bail before arrest and after arrest were totally different

Accused, even before Trial Court, had slipped away from the Court, when Court was dictating the order

No case for bail before arrest having been made out, bail petition was dismissed. Badar Munir Malik for the State.

Judgment & Decree

This order will be read in continuation of my order dated 16-12-2004. Learned counsel for the petitioner adds that complainant has been making different applications and naming different accused at different stages. He further submits that in the earlier investigation, petitioner was found innocent, that offences alleged against the petitioner do not fall within the ambit of section 497(1), Cr.P.C. and that bail before arrest already granted to the petitioner be confirmed.

2. This case was taken up an hour before and I had asked learned State counsel to go through the whole files and after going through the whole police file, he comes to the conclusion that in the second investigation, petitioner was found guilty. One should keep in mind, this is a bail before arrest petition and consideration for the grant of bail before arrest and after arrest are totally different. Even before the learned Additional Sessions Judge, he also slipped away from the Court, when he was dictating the order. No case for bail before arrest is made out therefore, this petition is dismissed. H.B.T./Z-79/L Bail petition dismissed.