2007 PLP 2918 (YLR)
ABDUL HAQUE — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 2918 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | ABDUL HAQUE — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2918 (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 2007 PLP 2918 (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: 2007 PLP 2918 (YLR) (ABDUL HAQUE — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Shaukat Hayat Gondal for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.365
All co-accused had already been allowed bail by the Trial Court
Delay of five months occurred in lodging F.I.R. against accused
Accused who was arrested, remained on physical remand for full fourteen days, but nothing was recovered from him
Alleged abduciee had not been recovered
Offence against accused did not fall within the prohibitory clause of S.497(1), Cr. P.C.
Accused having made out a case falling under sub-section (2) to S.497, Cr. P. C. for further inquiry, he was entitled to concession of bail
Grant of bail, in suchlike case, was a rule and refusal was an exception. Tariq Bashir and 6 others v. The State PLD 1996 SC 34 rel. Naseeruddin Khan Nayyar, Addl. Prosecutor-General for the State with Hameed S.-I. with record. M.A. Zafar for the Complainant.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
Learned counsel for the petitioner, in support of this bail petition contends that the petitioner has. falsely been involved in this case; that there is a delay of five months in lodging the F.I.R.; that he remained on physical remand for full fourteen days but nothing was recovered; that the offence does not fall within the prohibitory clause of section 497(1), Cr.P.C.; that the case of the petitioner is one of further inquiry and that the petitioner is entitled to the concession of bail:
2. On the other hand, Mr. Naseeruddin Khan Nayyar, the learned Additional Prosecutor-General assisted by complainant's learned counsel submits that the petitioner is named in the F.I.R. ; that the challan was submitted on 4-11-2006 and the case is fixed for evidence for today while on the last date of hearing it was adjourned due to adjournment sought by petitioner party and that the petitioner is not entitled to the discretionary relief of bail from this Court.
3. I have heard learned counsel for the parties, have given consideration to the submissions made at the bar and have also gone through the record.
4. Admittedly, all the accused except the petitioner, have already been allowed bail by the learned Additional Session Judge. There is a delay of five months in lodging the F. I.R. petitioner was arrested on 30-7-2006, he .remained on physical remand for full fourteen days but nothing was recovered from him, even till today the alleged abductee has not been recovered so far, the offence does not fall within the prohibitory clause of section 497(1), Cr.P.C. In the afore-referred circumstances, this Court is of the, prima-facie, view that the petitioner has made out a case falling under subsection (2) to section 497, Cr.P.C. and is entitled to the concession of bail. In such-like cases grant of bail is a rule while refusal is an exception. Reliance is placed on Tariq Bashir and 6 others v. The State PLD 1996 SC
34. Resultantly, this petition is allowed and .the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. H.B.T.-A-31/L???????????????????????????????????????????????????????????????????????????????????? Bail granted.