2006 PLP 933 (SCMR)
MASOOD AHMED alias MUHAMMAD MASOOD and another — Petitioners Versus THE STATE — Respondent
| Citation | 2006 PLP 933 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq, Abdul Hameed Dogar and Sardar Muhammad Raza Khan, JJ |
| Parties | MASOOD AHMED alias MUHAMMAD MASOOD and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 933 (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 933 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Muhammad Farooq, Abdul Hameed Dogar and Sardar Muhammad Raza Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 933 (SCMR) (MASOOD AHMED alias MUHAMMAD MASOOD and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Nawaz Khan, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioners.
- Date of hearing: 9th October, 2003.
- Muhammad Anwar Sipra, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for the Complainant.
- Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the order, dated 16-7-2003, passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Miscellaneous No.734/B of 2003).
S.498
Penal Code (XLV of 1860), S.337-F(vi)134
Constitution of Pakistan (1973), Art.185(3)
Medico-legal report of the victim had, prima facie, supported the accusation levelled against the accused in the F.I.R.
Element of mala fides which was a condition precedent for grant of bail before arrest was missing
Contention with regard to cross version of the case was too intricate to be considered at this stage
Pre-arrest bail was declined to accused in circumstances and the petition was dismissed accordingly. Muhammad Anwar Sipra, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for the Complainant. Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
Judgment & Decree
QAZI MUHAMMAD FAROOQ, J
The petitioners are involved in a case under section 337-F(vi)/34, P.P.C. which was registered against them at Police Station, Gujar Khan, at the behest of one Javed Akhtar, vide F.I.R. No.357, dated 19-6-2003. Their application for bail before arrest was turned down by the learned Additional Sessions Judge, Gujar Khan on 11-7-2003 and a similar application moved by them in the High Court was dismissed on 16-7-2003. Hence this petition for leave to appeal.
2. Astonishingly, the learned Single Judge in the High Court did not advert to the merits of the case and declined the pre-arrest bail sought by the petitioners on the sole ground that they had not surrendered to the police after rejection of their application for bail before arrest at the lower forum. However, we are not inclined to remand the matter as in our view it is not a fit case for grant of bail before arrest.
3. The accusation levelled against the petitioners in the F.I.R. is prima facie supported by the medico legal report of the victim. Besides, the element of mala fide, which is a condition precedent for grant of bail before arrest, is missing. The contention with regard to cross version of the case raised by the learned counsel for the petitioner is too intricate to be considered at this stage. Consequently, the petition is dismissed and interim bail before arrest granted to the petitioners on 22-7-2003 is recalled. Their bail bonds stand cancelled. N.H.Q./M-925/SC????????????????????????????????????????????????????????????????? Pre-arrest bail refused.