1999 P Cr (PLP)
MUHAMMAD AFZAL‑‑‑Petitioner Versus ASLAM and 2 others‑‑‑Respondents
| Citation | 1999 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Azam Khan and |
| Parties | MUHAMMAD AFZAL‑‑‑Petitioner Versus ASLAM and 2 others‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 P Cr (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 1999 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Azam Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 P Cr (PLP) (MUHAMMAD AFZAL‑‑‑Petitioner Versus ASLAM and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gohar Zaman Kundi for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497(5)‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Cancellation of bail‑‑ Bail had been allowed to accused by Sessions Court on the grounds toat F.I.R. had been lodged after an inordinate delay, that occurrence having taken place at night, identification of the culprits was not possible and that the complainant, who had sustained a solitary wound on a non‑vital part of his body, had charged two persons for the same‑‑‑Said order of Sessions Court was not shown to be arbitrary, fanciful or perverse so as to warrant interference by High Court‑‑ Accused were not shown to have misused the concession of bail‑‑‑Petition for cancellation of bail was dismissed accordingly.
Judgment & Decree
Criminal Miscellaneous Bail Cancellation Petition No. 153 of 1998, decided on 17th November, 1998. ‑‑‑‑S. 497(5)‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Cancellation of bail‑‑ Bail had been allowed to accused by Sessions Court on the grounds toat F.I.R. had been lodged after an inordinate delay, that occurrence having taken place at night, identification of the culprits was not possible and that the complainant, who had sustained a solitary wound on a non‑vital part of his body, had charged two persons for the same‑‑‑Said order of Sessions Court was not shown to be arbitrary, fanciful or perverse so as to warrant interference by High Court‑‑ Accused were not shown to have misused the concession of bail‑‑‑Petition for cancellation of bail was dismissed accordingly. Gohar Zaman Kundi for Petitioner. MUHAMMAD AZAM KHAN, J.‑‑ Muhammad Afzal, complainant/petitioner herein, has by this application filed under section 497(5), Cr.P.C. sought the indulgence of this Court to set aside the order, dated 11‑8‑1998 passed by the learned Additional Sessions Judge/Judge Special Court, D.I. Khan in case F.I.R. No.100, dated 1‑8‑1998 registered at Police Station Paroa under section 324/34, P.P.C., vide which Aslam and Zafar, accused/respondents herein, were admitted to bail.
2. The main consideration which weighed with the learned Court below in allowing bail to the accused/respondents was that it was a night occurrence, identification wherein of the culprits was not possible, there is an inordinate delay in lodging the report and that the victim/complainant had sustained a solitary wound on a non‑vital part of his body but had charged two persons for the same. Learned counsel for the petitioner could not be able to pin‑point that the impugned order is arbitrary, fanciful or perverse so as to warrant interference by this Court, nor he was able to show that the accused/respondents had misused the concession of bail allowed to them.
3. Resultantly, we find no merit in the application in hand which is hereby dismissed in limine. N.H.Q./255/P Petition dismissed