1999 PLP 847 (MLD)
BAKHTH ZALI — Petitioner Versus ATLAS KHAN and another — Respondents
| Citation | 1999 PLP 847 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | BAKHTH ZALI — Petitioner Versus ATLAS KHAN and another — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 847 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 847 (MLD)?
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: 1999 PLP 847 (MLD) (BAKHTH ZALI — Petitioner Versus ATLAS KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Arbab Shabbir Ahmed for Petitioner.
- Khawaja Azhar Rashid, Asstt. A.-G. for Respondents.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.365-A
Accused w& not named in the F.LR., and he, after his arrest, had not confessed his guilt-- Kidnapee had also not been recovered from the possession of accused- Reasonable grounds, thus, did not exist for believing that the accused was connected with the commission of the offence with which he was charged an his case was one of further inquiry
Judgment & Decree
Date of hearing: 2nd September, 1998. Arguments heard. Record of the case perused.
2. The brief history of the case may not be reproduced here as the same has been given by the Additional Sessions Judge (I) Peshawar, Syed Wajahat Ali Shah, in his impugned judgment dated 14-7-1998.
3. It is an admitted fact that the petitioner has not been named/charged in the F.I.R. and the petitioner after his arrest has not confessed his guilt. Besides I the kidnapee has also not been recovered from his possession.
4. In the abovementioned circumstances reasonable grounds do not exist for believing that the petitioner is connected with the commission of the offence charged with and that his case is that of further inquiry.
5. This petition is accepted. The petitioner shall be released forthwith, if not required in any other case, provided he furnishes bail bonds in the sum of I[ Rs.2,00,000 (Rs.two lacs) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial) of this Court.
6. The Additional Registrar shall see that' the sureties are respectable persons and hail from the settled areas of District Peshawar and have sufficient property in their names. The property documents as well as the copies of the identity cards of the sureties shall be obtained by the Additional Registrar, for record.
7. Before parting with the case it would be appropriate to remark that in the cases like the one in hand, the Additional Sessions Judge (I) Peshawar, Syed Wajahat Ali Shah, should have released the accused on bail instead of rejecting his bail petition in a haphazard manner. This tendency on the part of the Sessions Judge/Additional Sessions Judge is creating problem for the public and has become one of the source of increasing the pendency of miscellaneous work in the High Court. It is high time that the Sessions Judge/Additional Sessions Judge, who are senior Judicial Officers, should shoulder and not shrug the responsibility.
8. A copy of this judgment shall be sent to all the Sessions Judges/Additional Sessions Judges in the N.-W.F.P. by the Registrar under intimation to my Private Secretary. N.H.Q./188/P Bail allowed.