2002 PLP 232 (YLR)
ZAFAR IQBAL — Petitioner Versus THE STATE — Respondent
| Citation | 2002 PLP 232 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | ZAFAR IQBAL — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2002 PLP 232 (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 2002 PLP 232 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 232 (YLR) (ZAFAR IQBAL — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Abdul Quddus for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), S.337-A(ii)1337-L(b)
Accused had been nominated as the sole perpetrator of the offences in the promptly lodged F.LR.-- Specific injuries on various parts of the body of the prosecution witness had been attributed to the accused
Eye-witnesses including the injured victim had fully implicated the accused in the case
Medical evidence had supported the prosecution version
Accused was apparently connected with the motive set up in the FLR.
Reasonable grounds existed to believe the accused being involved in the alleged offences which, no doubt, did not fall within the prohibitory clause of section 497(1 J, Cr. P. C. but bail could not necessarily invariably be granted in all such cases
Judgment & Decree
Mian Abdul Quddus for Petitioner. Through this petition Zafar Iqbal petitioner has sought post-arrest bail in case F.I.R. No.172 registered at Police Station Pull 11, District Sargodha on 9-10-2001 for offences under sections 337-A(ii)/337-L(b), P. P. C.
2. After hearing the learned counsel for the petitioner and going through the documents appended with the petition it has been noticed that the F.I.R. in this case had been lodged with sufficient promptitude wherein the present petitioner had been nominated as the sole perpetrator of the offences in question. In the F.I.R. specific injuries on various parts of Faryad P. W's. body had been attributed to the present petitioner. It is not disputed that the eye witnesses mentioned in the-F.I.R., including the injured victim, have so far stood by their statements made before the police fully implicating the petitioner in the offences in question and prima facie the medical evidence also lends support to the said allegations. The petitioner also apparently stands connected with the motive set up in the F.I.R. In these circumstances prima facie reasonable grounds do exist to believe in the petitioner's involvement in the alleged offences.
3. It may be mentioned here that the petitioner was admitted to post-arrest bail by the learned Magistrate Section 30, Sargodha (Mr. Zafar Yab Chadhar) vide order dated 10-11-2001 but subsequently the petitioner's bail was cancelled by the learned Additional Sessions Judge, Sargodha vide order dated 13-12-2001. While concelling the petitioner's bail the learned Additional Sessions Judge had passed a detailed ,order highlighting various improprieties committed by the said Magistrate while granting bail to the present petitioner.
4. It may be true that, that the offences allegedly committed by the petitioner do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. but at the same time it is equally true that there is no universal principle that bail must necessarily be granted in all such cases. Apparently the petitioner had obtained bail from the learned Magistrate by improperly influencing the concerned Magistrate and, therefore, I have not felt persuaded to exercise my discretion in favour of the petitioner.
5. For what has been discussed above this petition is hereby dismissed in limine.
6. The Office is directed to produce the present order before the Registrar of this Court who may bring the present order as well as the order passed by the learned Additional Sessions Judge, Sargodha to the notice of the Hon'ble Chief Justice of this Court for his kind information and attention.
7. The office is further directed to send a copy of this order to the Station House Officer of Police Station Pull-11, District Sargodha for his information. N.H.Q./Z-78/L Bail refused.