1996SCMR1028 (PLP)
SAJJAD AHMAD alias NONA ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996SCMR1028 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan, Zia Mahmood Mirza and |
| Parties | SAJJAD AHMAD alias NONA ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1996SCMR1028 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR1028 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan, Zia Mahmood Mirza and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR1028 (PLP) (SAJJAD AHMAD alias NONA ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Abdus Sattar Chaughtai, Advocate Supreme Court and S. Abut Aasim Jaffri, Advocate‑on‑Record for Petitioner.
- Date of hearing: 14th April, 1996.
- Malik Abdus Sattar Chaughtai, Advocate Supreme Court and S. Abut Aasim Jaffri, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 12‑3‑1996 of the Lahore High Court, Lahore, in Cr. Miscellaneous No. 803‑B/1996). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑High Court had earlier cancelled the bail granted to accused by Sessions Court on merits which having not been challenged any further had become final‑‑‑Bail applications subsequently filed by accused on medical grounds were dismissed by Sessions Court and High Court‑‑‑Apparently High Court had considered the bail application as a review application of its previous order and dismissed the same without commenting on the medical certificate issued by the Jail Doctor‑‑‑Petition for leave to appeal was converted into appeal in circumstances and the case was sent back to High Court for decision afresh after taking into consideration the judgment of the Sessions Court in the light of the medical certificate of the Jail Doctor. Nemo for the State.
Judgment & Decree
FAZAL ILAHI KHAN, J.
In the report lodged by Muhammad Asghar Javed under section 302/34, P.P.C. at Police Station Sammanabad, Lahore, the accused/petitioner alongwith his co-accused was charged for the said offence.
2. Petitioner's pre-arrest bail application was dismissed by the learned Additional Sessions Judge on 23-1-1995. However, on re-investigation when the police found the petitioner innocent, on such fresh ground the petitioner moved an application for his post arrest bail, which was granted by the learned Additional Sessions Judge, on 27-2-1995.
3. The complainant, however, approached the learned Lahore High Court for cancellation of bail under section 497 (5) of the Cr.P.C. The learned High Court cancelled the bail vide order dated 25-4-1995 on merits. This order was not challenged and became final.
4. The petitioner allegedly fell ill and on the basis of the medical certificate furnished by Jail Doctor on 21-1-1996, the petitioner again approached the learned Sessions Judge for grant of bail. For the reasons given therein such plea was not accepted and the application was dismissed by order dated 22-1-1996. His application was also -dismissed by the learned High Court on 12-3-1996 with the observation, without commenting upon the medical certificate issued by the Jail Doctor, that there was no good ground to review the previous order. Leave is prayed for against the said order.
5. Learned counsel for the petitioner has placed on file the medical certificate dated 19-1-1996. Apparently the learned High Court considering the application as review application of his lordship's previous order, dismissed the same without commenting on the medical certificate/report. The contention of the learned counsel that it was not an application for review of the previous order of the learned High Court, rather it was a fresh application for bail on fresh ground raised before the learned Additional Sessions Judge, apparently has got some force. We, therefore, convert this petition into appeal and allow the same. The case is sent back to the learned High Court for decision afresh after taking into consideration the judgment of the learned Additional Sessions Judge in the light of the medical report of jail doctor. N.H.Q./S-1039/S ?????????????????????????????????????????????????????? Case remanded.