1994 PLP 477 (SCMR)
INAYAT ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1994 PLP 477 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman and Saleem Akhtar, JJ |
| Parties | INAYAT ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 477 (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 1994 PLP 477 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 477 (SCMR) (INAYAT ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khan Muhammad Bajwa, Advocate and S. Abul Aasim Jaferi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 24th November, 1993.
- Muhammad Sharif Butt, Advocate for the State.
Headnotes / Summary
(On appeal from the order of the Lahore High Court. dated 25‑9‑1993 passe4 in Cr. M. No. 3150‑B/1993). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.167/409‑‑‑Prevention of Corruption Act (II of 1047), S.5(2)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail‑‑ Contention was that the case made out against the accused under S. 167, P.P.C. was non‑cognizable and bailable and one which was not included in the Schedule of Pakistan Criminal Law Amendment Act, 1958‑‑‑Circle Office which had earlier prepared the challan kept the same mala fide for six months in order to prolong the accused's confinement in jail for a long period‑‑‑Petition was converted into appeal in circumstances and the interim bail allowed to accused was confirmed accordingly. Muhammad Sharif Butt, Advocate for the State.
Judgment & Decree
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.167/409‑‑‑Prevention of Corruption Act (II of 1047), S.5(2)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail‑‑ Contention was that the case made out against the accused under S. 167, P.P.C. was non‑cognizable and bailable and one which was not included in the Schedule of Pakistan Criminal Law Amendment Act, 1958‑‑‑Circle Office which had earlier prepared the challan kept the same mala fide for six months in order to prolong the accused's confinement in jail for a long period‑‑‑Petition was converted into appeal in circumstances and the interim bail allowed to accused was confirmed accordingly. Ch. Khan Muhammad Bajwa, Advocate and S. Abul Aasim Jaferi, Advocate‑on‑Record for Petitioner. Muhammad Sharif Butt, Advocate for the State. Date of hearing: 24th November, 1993. SALEEM AKHTAR, J: ‑‑The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby his bail application was rejected.
2. One Mirza Mehtab Baig filed an application before the Deputy Commissioner, Gujrut, that the petitioner has issued Fard‑i‑Arazi in violation of status quo order passed by the Deputy Commissioner. It was also stated that on the Fard the words `Aamar Colony' were inserted whereas the land fell under `Shadman Colony'. The case was referred to the Anti‑Corruption Police and a challan was framed under section 167/409, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947. The bail application filed by the petitioner has been rejected throughout.
3. After hearing the learned counsel for the petitioner interim order of bail was passed on 16‑10‑1993. Notice was also issued to the State. The learned counsel for the petitioner contended that case made out against the petitioner under section 167, P.P.C. is non‑cognizable and bailable and one which is not included in the schedule of Pakistan. Criminal Law Amendment Act, 1958. He further pointed out that challan in the case was prepared by the Circle Office earlier who kept it mala fide for six months in order to prolong the petitioner's confinement in jail for a long period. No substantial argument against the bail application has been advanced. The petition is converted into an appeal and the same is allowed. The interim order of bail is confirmed. N.H.Q./1/181/S Interim Bail confirmed.