1992 P Cr (PLP)
EID BADSHAH alias EIDAK — Petitioner Versus THE STATE — Respondent
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | EID BADSHAH alias EIDAK — Petitioner Versus THE STATE — Respondent |
| 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 1992 P Cr (PLP)?
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 1992 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (EID BADSHAH alias EIDAK — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maazullah Barkandi for Petitioner.
Headnotes / Summary
S. 497(1)
Prohibition (Enforcement of Hadd) Order (4 of 1979), Art,4-- Bail, grant of
Accused's case apparently was covered by the first part of Art.4 of the Prohibition (Enforcement of Hadd) Ordinance, 1979, punishable with imprisonment upto two years or whipping and fine
Accused was granted bail accordingly.
S. 497(1)
Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.4-- Bail
When there is prescribed a punishment in imprisonment or whipping or fine and the offence is not covered by the prohibitory clause contained in subsection (1) of S.497, Cr.P.C. the Court shall ordinarily grant bail to accused person because if after the trial he is only sentenced to fine or whipping and not to imprisonment, the period of his under-trial imprisonment shall be an extra punishment for him.
Judgment & Decree
S. 497(1)
Prohibition (Enforcement of Hadd) Order (4 of 1979), Art,4-- Bail, grant of
Accused's case apparently was covered by the first part of Art.4 of the Prohibition (Enforcement of Hadd) Ordinance, 1979, punishable with imprisonment upto two years or whipping and fine
Accused was granted bail accordingly. (b) Criminal Procedure Code (V of 1898)
S. 497(1)
Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.4-- Bail
When there is prescribed a punishment in imprisonment or whipping or fine and the offence is not covered by the prohibitory clause contained in subsection (1) of S.497, Cr.P.C. the Court shall ordinarily grant bail to accused person because if after the trial he is only sentenced to fine or whipping and not to imprisonment, the period of his under-trial imprisonment shall be an extra punishment for him. Maazullah Barkandi for Petitioner. Shahab-ud-Din Burq, O.S.D. (Law Officer) for the State. Date of hearing: 26th October, 1991. Apparently the petitioner's case is covered by the first part of Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 punishable with imprisonment upto two years or whipping and fine since there have been recovered 8 grams of heroin from the front pocket of his shirt and 1,000 grams of Charas from his house. As and when there is prescribed a punishment in imprisonment or whipping or fine and the offence is not covered by the Prohibitory Clause contained in subsection (1) of section 497, Cr.P.C. the Court shall ordinarily grant bail to the accused person because if -after the trial, he is only sentenced to fine or whipping and not to imprisonment, the period of his under-trial imprisonment shall be an extra punishment for him. This Court accordingly grants bail to the accused-petitioner on furnishing bonds in the sum of Rs.10,000 with two sureties each to the satisfaction of Illaqa Magistrate. N.H.Q./1296/P Bail granted,