2007 PLP 465 (MLD)
AMANOWEL MASIH — Petitioner Versus DEWID BAIDI and another — Respondents
| Citation | 2007 PLP 465 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | AMANOWEL MASIH — Petitioner Versus DEWID BAIDI and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 465 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 465 (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: 2007 PLP 465 (MLD) (AMANOWEL MASIH — Petitioner Versus DEWID BAIDI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rasheed Afzaal Cheema for Petitioner.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), S.380
Petition for cancellation of bail
Initial order for summoning accused on private complaint filed by petitioner, had not been challenged by petitioner, which had attained finality
Bail granting order, in fact was continuation of said earlier order, which could not be considered to be a new or fresh order having passed by the Magistrate
Grant of bail was a discretionary power of Magistrate in a complaint case, which had not been shown to have been exercised illegally or unlawfully
Petitioner had not filed any revision against earlier order and bail granting order
Orders passed by both the courts below needed no interference of High Court.
Judgment & Decree
SH. HAKIM ALI, J.
Facts in brief as narrated in the petition are that Amanowel Masih, had filed a private complaint under sections 380/468/471/506/34, of the P.P.C., against Christofer Masih and others. After recording the preliminary evidence, learned Magistrate summoned the accused under section 380 of the P.P.C., through bailable warrants in the sum of Rs.20,000 each. This order was passed on 1-4-2005. David Baidi, one of the accused appeared on 14-12-2005, and learned Magistrate granted him bail in the sum of Rs.20,000 on the same day. Aggrieved from that order, the petitioner/complainant filed an application under section 497(5) of the Cr.P.C. for cancellation of bail of David Baidi, one of the accused before learned Addl. High Court Judge, Sadiqabad which application was dismissed on 25-5-2005, hence this criminal miscellaneous.
2. Learned counsel submits that learned Magistrate has wrongly granted bail to the accused on 14-12-2005. The offence with which the accused was charged had attracted the punishment of seven years but the learned Magistrate had considered it as three years, therefore, bail granted to the accused may be cancelled. It has further been argued by the learned counsel that both the Courts below have not adverted to the true facts and have not kept in view the evidence so the accused was not entitled for grant of bail.
3. After considering the arguments of learned counsel and from the perusal of the record, I have found that initial order for summoning the accused was passed on 1-4-2005, by learned Magistrate which order had not been challenged by the present petitioner and the same had obtained finality. The order, dated 14-12-2005 is, in fact, the continuation of earlier order of dated 1-4-2005, which cannot be considered to be a new or fresh order, having been passed by the learned magistrate. Moreover the grant of bail is a discretionary power of learned Magistrate in a complaint case which has not been shown to have been exercised illegally or unlawfully. The petitioner has not filed any revision against order, dated 1-4-2005, and 14-12-2005, so orders passed by both the learned Courts below need no interference of this Court resultantly, the instant petition is dismissed. H.B.T./A-229/L Petition dismissed.