2009 PLP 450 (YLR)
IMRAN MAQBOOL — Petitioner Versus THE STATE and 2 others — Respondents
| Citation | 2009 PLP 450 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | IMRAN MAQBOOL — Petitioner Versus THE STATE and 2 others — Respondents |
Q1: What are the key laws and sections cited in 2009 PLP 450 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 450 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 450 (YLR) (IMRAN MAQBOOL — Petitioner Versus THE STATE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mrs. Farzana Shahzad Khan, Deputy Prosecutor-General for Respondents Nos. 1 and 2.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
The petitioner is an accused person in and respondent No. 3 is the complainant of case F.I.R. No. 712 registered at Police Station Chung, District Lahore on 21-8-2008 in respect of offences under sections 408/420/468, P.P.C. The petitioner applied for pre-arrest bail in connection with the said criminal case and on 30-9-2008 the learned Duty Additional Sessions Judge, Lahore confirmed the ad interim pre-arrest bail of the petitioner but at the end of the said order passed in that regard the learned Duty Additional Sessions Judge, Lahore made the following observations:-- "However, it is made hereby clear that if on the basis of application moved by the complainant, the investigation is transferred and the petitioner has been found to be guilty then the police will be at liberty to arrest the accused in accordance with law." The petitioner has challenged the said observations before this Court through the present revision petition.
2. I must observe that the observations made by the learned Deputy Additional Sessions Judge, Lahore reproduced above have been found by me to be most novel, unusual and utterly unwarranted. If a Court of law admits an accused person to bail then the matter of cancellation of such bail lies within the jurisdiction of the Court and the same cannot be left in the hands of the police. Such abdication of jurisdiction by a Court of law in favour of the police is neither countenanced by the law nor the same can be approved. The making of the above mentioned observations by the learned Duty Additional Sessions Judge, Lahore has, thus, been found by me to be not only illegal but also improper exercise of jurisdiction by the said judicial officer and, therefore, this revision petition is allowed and the observations made by the learned Duty Additional Sessions Judge, Lahore reproduced above in his order dated 30-9-2008 are hereby excised from the said order. Criminal Miscellaneous No. 2 of 2008
3. As the main revision petition has been allowed and disposed of by this Court, therefore, the present miscellaneous petition seeking interim relief has lost its relevance. Disposed of. S.A.K. /I-52/L Revision accepted.