2011 SCMR 1435 (PLP)
ASHFAQ AHMED — Petitioner Versus THE STATE — Respondent
| Citation | 2011 SCMR 1435 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ |
| Parties | ASHFAQ AHMED — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 SCMR 1435 (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 2011 SCMR 1435 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1435 (PLP) (ASHFAQ AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Ashraf Leghari, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 20th October, 2008.
- Mehmood A. Qureshi, Advocate Supreme Court and Suleman Habibullah, Advocate-on-Record for the Complainant.
Headnotes / Summary
(On appeal from the order dated 1-9-2008 of the High Court of Sindh at Karachi, passed in Criminal Transfer Application No. 312 of 2008).
S. 498
Constitution of Pakistan, Art. 185(3)
Bail before arrest, refusal of
Counsel for the petitioner after arguing the matter at considerable length, under instructions of the petitioner, with a view to resort to appropriate remedies available to the petitioner under the law, did not press the petition and undertook that petitioner would surrender before the Trial Court
Petition stood dismissed having not been pressed
Order passed granting interim pre-arrest bail to the petitioner was recalled and surety bonds, submitted with the Trial Court, stood discharged/cancelled. Mehmood A. Qureshi, Advocate Supreme Court and Suleman Habibullah, Advocate-on-Record for the Complainant.
Judgment & Decree
MIAN HAMID FAROOQ, J.
Petitioner seeks leave to appeal, against order dated 1-9-2008, whereby the learned High Court of Sindh at Karachi, dismissed his bail application. The relevant portion of the order reads as under: "At this stage no mala fide either of the complainant or police, for false implication of applicant in the crime have been shown. Therefore, 1 am of the considered opinion that no case for grant of pre-arrest bail is made out. Accordingly, the application is dismissed. Interim order dated 26-3-2008 is recalled with direction to the applicant to surrender before the trial Court within three days from the date of this order. In case of failure, show-cause notice be issued to the surety for his personal appearance before this Court".
2. Learned counsel for the petitioner after arguing the matter at considerable length, under instructions of the petitioner, with a view to resort to appropriate remedies available to the petitioner, under the law, does not press this petition and undertakes that the petitioner will A surrender before the learned trial Court.
3. In view of the above, this petition stands dismissed, having not been pressed. Order passed by this Court, on 24-9-2008, granting interim pre-arrest bail to the petitioner is recalled and surety bonds, submitted with the learned trial Court, stand discharged/cancelled. H.B.T./A-9/SC Petition dismissed.