1988 PLP 482 (MLD)
ALLAH BAKHSH — Appellant Versus THE STATE — Respondent
| Citation | 1988 PLP 482 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | ALLAH BAKHSH — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 PLP 482 (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 1988 PLP 482 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 482 (MLD) (ALLAH BAKHSH — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Aslam Khan for Appellant.
Headnotes / Summary
S. 342--Penal Code (XLV of 1860), S. 161--Statement of accused under S. 342, Cr.P.C.--Statement of accused recorded by Magistrate immediately after raid not put to him while examining him under S. 342, Cr.P.C: -Conviction and sentence set aside and case remanded for decision in accordance with law.
Judgment & Decree
Appeal No. 19/BWP of 1985, decided on 30th May, 1988.
S. 342--Penal Code (XLV of 1860), S. 161--Statement of accused under S. 342, Cr.P.C.--Statement of accused recorded by Magistrate immediately after raid not put to him while examining him under S. 342, Cr.P.C: -Conviction and sentence set aside and case remanded for decision in accordance with law. Sardar Muhammad Aslam Khan for Appellant. This Criminal Appeal arises from the judgment of the learned Special Judge Bahawalpur Camp at Bahawalnagar whereby he on 25-6-1985 convicted Allah Bakhsh appellant a/s. 161, PPC and 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to one year R.I. and a fine of Rs. 1,000 or in default 4 months' R.I. on each count with the direction that the sentences would run concurrently. 2. Since after hearing the learned counsel for the parties I feel inclined to set aside the conviction and send this case for re-trial from the stage of recording the statement of the accused u/s. 342, Cr.P.C., so I need not set out the facts in a detail and enter into discussion of the evidence. I find that immediately after the raid, the Magistrate had recorded statement Ex. D.W. 1/A of the accused. This A statement was however, not put to him while examining him u/s. 342, Cr.P.C. That being the position I think there is no option but to set aside the conviction and sentence and remand the case for decision in accordance with law. The earned Special Judge will proceed from the stage of recording of statement of the accused u/s. 342, Cr.P.C. Order accordingly. S.G.D./A-419/L Case remanded.