SCMR 2006

2006 PLP 1512 (SCMR)

ABDUL KHALIQ — Appellant Versus MUHAMMAD SARWAR — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Miscellaneous Application No.167 of 2004 and Criminal Petition No.548-L of 2000 in Criminal Appeal No.71 of 2003, decided on 3rd June, 2004.
Honorable Judges
Mian Muhammad Ajmal and Faqir Muhammad Khokhar, JJ
Case Reference Summary (AEO Optimized)
Citation 2006 PLP 1512 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Mian Muhammad Ajmal and Faqir Muhammad Khokhar, JJ
Parties ABDUL KHALIQ — Appellant Versus MUHAMMAD SARWAR — 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 2006 PLP 1512 (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 2006 PLP 1512 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Faqir Muhammad Khokhar, JJ.

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

Cite this legal precedent as: 2006 PLP 1512 (SCMR) (ABDUL KHALIQ — Appellant Versus MUHAMMAD SARWAR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Rafiq Javed Butt, Advocate Supreme Court and Faiz-ur-Rehman Advocate-on-Record for Appellant.
  • Date of hearing: 3rd June, 2004.
  • Muhammad Zaman Bhatti, Advocate Supreme Court for Advocate-General Punjab for the State.

Headnotes / Summary

(On appeal from the judgment dated 5-10-2000 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No.5256/B of 2000).

S. 497

Constitution of Pakistan (1973), Art.185(3)

Bail, grant of

Accused was directed by the Court to deposit an amount of Rs.80,000 in the Bank within one month failing which the bail allowed to him was to stand cancelled

On the subsequent date the said order was recalled by the Court due to lack of instructions of the counsel for the accused and his bail was cancelled

Receipt of Rs.80,000 produced by the accused in Supreme Court showed that the amount was deposited by him within the stipulated period in compliance with the aforesaid order

Impugned order regarding cancellation of bail of the accused was recalled in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Advocate-General Punjab for the State.

Judgment & Decree

Vide order, dated 9-1-2001 Abdul Khaliq respondent No.1 was directed to deposit an amount of Rs.80,000 in the National Cooperative Bank, Toba Tek Singh within one month failing which the bail allowed to him would stand cancelled. On the subsequent dated i.e. 10-2-2003, A the aforesaid order was recalled due to lack of instructions of the learned counsel for the respondent and his bail was cancelled. The petitioner has now applied for recalling of the order dated 10-2-2003 as the order dated 9-1-2003 was duly complied with by him within the stipulated period. We have heard the learned counsel for the parties and have gone through the record of the case. Respondent has appended the copy of the receipt whereby amount of Rs.80,000 has been deposited by him in the Punjab Provincial Cooperative Bank Ltd. on 29-1-2001 in compliance of order dated 9-1-2001 and another receipt of Rs.10,005 which was deposited by him in the same Bank on 15-10-2001 as interest of the said amount. The receipt of Rs.80,000 shows that the said amount was deposited within 20 days of the order, dated 9-1-2001 which has been complied with, therefore, the order dated 10-2-2003 regarding cancellation of the bail of the respondent is recalled. Cr.M.A. No.167 of 2004 in Criminal Petition No.548-L of 2000 and Criminal Appeal No.71 of 2003 accordingly stands disposed of. N.H.Q./A-74/SC???????????????????????????????????????????????????????????????????????????????????????????? Bail granted.