1995 PLP 99 (MLD)
MUHAMMAD BAKHSH — Petitioner Versus AHMAD alias AHMI and 6 others — Respondents
| Citation | 1995 PLP 99 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD BAKHSH — Petitioner Versus AHMAD alias AHMI and 6 others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1995 PLP 99 (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 99 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 99 (MLD) (MUHAMMAD BAKHSH — Petitioner Versus AHMAD alias AHMI and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Latif Khokhar, Advocate.
Headnotes / Summary
S.497 (5)
Penal Code (XLV of 1860), S.337-A (i) /354/365/148/149
Neither affidavits of the witnesses in whose presence threats of dire consequences were allegedly made by the accused to the complainant and other prosecution witnesses after they were allowed bail were filed with the application for cancellation of bail, nor medical certificates had been placed on the file to substantiate the allegation that they had been injured by the said accused
Only reports in the Roznamcha without any actual proof thereof could not be relied upon
Bail allowed to accused was not cancelled in circumstances.
S.497(5)
Penal Code (XLV - of 1860), S.337-A(i)/354/365/148/149-- Cancellation of bail
Reports in Roznamcha
Hazardous to rely on reports in Roznamcha without actual proof in Court of allegations made against the accused on bail.
Judgment & Decree
Abdul Rahim v. The State and others 1987 PCr.LJ 588 ref. (b) Criminal Procedure Code (V of 1898)
S.497(5)
Penal Code (XLV - of 1860), S.337-A(i)/354/365/148/149-- Cancellation of bail
Reports in Roznamcha
Hazardous to rely on reports in Roznamcha without actual proof in Court of allegations made against the accused on bail. Abdul Rahim v. The State and others 1987 PCr.LJ 588 ref. Malik Muhammad Latif Khokhar, Advocate. This is an 4pplication filed by Muhammad Bakhsh, petitioner/ complainant, against respondents Nos. l to 6 for the cancellation of their bail granted by my learned brother Sh. Khizar Hayat, J. (as he then was) on 8-3-1994.
2. Learned counsel, for the petitioner submits that the abovementioned respondents are continuously threatening the petitioner/complainant and other prosecution witnesses after they were allowed to bail that on 17-4-1994 they made threats to the petitioner and other prosecution witnesses of dire consequences if they made statements against them in the relevant Court; that in consequence of it, the petitioner lodged a report at Police Station Chichawatni and that the above said respondents have misused the concession of bail and their bail, in view of this development, may be cancelled.
3. I have given anxious consideration to the arguments advanced by learned counsel for the petitioner/complainant. Admittedly, affidavits of the witnesses, in whose presence the threats were allegedly made, have not been filed with the present application. It is well-settled that it is hazardous to rely on reports in Roznamcha without actual proof of these facts in Court. (See Abdul Rahim v. The State and others 1987 PCr.LJ
588. Further, no medical certificate) has been placed on the file to substantiate the allegation that the petitioner and l other prosecution witnesses were injured by the above said respondents. For the foregoing reasons, I am not inclined to cancel the bail of the abovementioned respondents and the petition is rejected. N.H.Q./M-1840/L Petition dismissed