1989 PLP 4977 (MLD)
BASHIR AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4977 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Riaz Ahmad, J |
| Parties | BASHIR AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4977 (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 1989 PLP 4977 (MLD)?
The case was heard and decided by the Lahore bench comprising: Riaz Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4977 (MLD) (BASHIR AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arif Iqbal Hussain Bhatti for Petitioner.
- Date of hearing: 14th June, 1989.
Headnotes / Summary
‑‑‑S.498‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Pre arrest bail, grant of‑‑Two persons caught red‑handed‑‑1200 tolas of gold and six Kgs. heroin recovered from their possession‑‑No steps taken to ascertain identity of accused persons‑‑Challan submitted‑‑Trial concluded‑‑One person acquitted while the other convicted‑‑Investigating Agency trying to lay hands on accused‑ Fit case for grant of pre‑arrest bail in circumstances. Zaeemul Farooq, Addl. A‑G. assisted by Abdul Ghafar for the State.
Judgment & Decree
Zaeemul Farooq, Addl. A‑G. assisted by Abdul Ghafar for the State. Date of hearing: 14th June, 1989. In support of this application seeking pre‑arrest bail, it is contended by the learned counsel for the petitioner that this is the third case in the series of the cases, in which the petitioner has been involved. It is further submitted that the Rangers Police had registered this case with mala fides and an application was moved by the petitioner, upon which, some sort of enquiry against some officer is being conducted. Not only the Assistant Advocate‑General but also Legal Advisor of the Rangers has also appeared at the call of this Court. As far as the case registered vide FIR No.107/88, is concerned, it is stated that the petitioner is on bail but the grant of bail for the offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, was not within the jurisdiction of the Special Judge and, therefore, the present application has been moved. I have gone through the entire facts of the case narrated in the FIR No.107/88. In this case through Naka Bandi, two persons were caught red- handed and from their possession, 1200 tolas of gold and six kgs. heroin were recovered. According to the investigating Agency, these two persons named Bashir and Niamat of Lahore, were owners of these‑articles. Unfortunately, no steps were taken to ascertain the identity of Bashir and Niamat. The challan was submitted in Court and during the trial Niamat was acquitted while the other man has been convicted. It is now after the trial that Investigating Agency has awoken from its slumber to lay hand upon the petitioner. Thus, it is a fit case for the grant of pre‑arrest bail, Accordingly, I admit the petitioner to bail, provided he furnishes security in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C /Duty Magistrate, Lahore. S.A./B‑141/L Bail granted.