P L D 2009 Supreme Court 749 (PLP)
MUHAMMAD QURAB KHAN — Petitioner Versus THE STATE-Respondent
| Citation | P L D 2009 Supreme Court 749 (PLP) |
| Forum / Court | High Court |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Ch. Ijaz Ahmed and Jawwad S. Khawaja, JJ |
| Parties | MUHAMMAD QURAB KHAN — Petitioner Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2009 Supreme Court 749 (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 P L D 2009 Supreme Court 749 (PLP)?
The case was heard and decided by the High Court bench comprising: Iftikhar Muhammad Chaudhry, C.J., Ch. Ijaz Ahmed and Jawwad S. Khawaja, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2009 Supreme Court 749 (PLP) (MUHAMMAD QURAB KHAN — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Ss. 497 & 498---Bail petitions etc., filing of---Instructions to avoid delay in disposal of urgent cases---In view of the difficulties of the accused persons confined in custody, it was ordered on administration side that before submitting bail petitions/appeals, a copy of the same would be handed over to prosecutor against signatures, who would confirm the receipt thereof by acknowledgment, so that he might arrange the record of the case on the date fixed for hearing with a view to avoid delay in disposal of the cases, particularly relating to bail before arrest and bail after arrest etc.---Matters which required urgent hearing were being delayed---In future, therefore, all the Advocates-on-Record may be asked to handover copies of the bail petitions to the Prosecutor General or his representative against the acknowledgment and the Prosecutor General on receipt of the same, shall immediately manage procurement of the record i.e., police record and other necessary documents and after going through the contents of the petition he shall be ready on the first day of the hearing, instead of receiving the notice and delaying the disposal of the matter for two or three dates of hearing, which would add to difficulties and miseries of the persons in custody---Supreme Court directed that copy of this order be circulated to all the Advocates-on-Record by names in Islamabad, as well as at Branch Registries---Incharge Officer, to whom such petitions are presented, shall also ensure compliance of the above order.
- Kareem ud Din Khilji, Advocate Supreme Court for Petitioner.
- 2. In view of the difficulties of the petitioners/accused confined in custody, it was ordered on administration side that before submitting bail petitions/appeals, a copy of the same would be handed over to Prosecutor against signatures, who would confirm the receipt of the same by acknowledgement, so he might arrange the record of the case on the date fixed for hearing, with a view to avoid delay in disposal of the cases, particularly, relating to bail before arrest and bail after arrest etc. but it seems that the instructions are not being followed strictly, as a result whereof the matters, which require urgent hearing, are being delayed. Therefore, in future all the learned Advocates-on-Record may be asked to hand over copies of the bail petitions to the Prosecutor General or his representative against the acknowledgement and the Prosecutor General on receipt of the same, shall immediately manage procurement of the record i.e. Police record and other necessary documents. After going through the contents of the petition he shall be ready on the first day of the hearing instead of receiving the notice and delaying the disposal of the matter for two/three dates of hearing which would add to difficulties and miseries of the persons who are in custody.
- 3. Copy of this order be circulated to all the Advocates-on-Record by names, in Islamabad as well as at Branch Registries. The Incharge Officer, to whom such petitions are presented, shall also ensure compliance of the above order.
Headnotes / Summary
Ss. 497 & 498
Bail petitions etc., filing of
Instructions to avoid delay in disposal of urgent cases
In view of the difficulties of the accused persons confined in custody, it was ordered on administration side that before submitting bail petitions/appeals, a copy of the same would be handed over to prosecutor against signatures, who would confirm the receipt thereof by acknowledgment, so that he might arrange the record of the case on the date fixed for hearing with a view to avoid delay in disposal of the cases, particularly relating to bail before arrest and bail after arrest etc.
Matters which required urgent hearing were being delayed
In future, therefore, all the Advocates-on-Record may be asked to handover copies of the bail petitions to the Prosecutor General or his representative against the acknowledgment and the Prosecutor General on receipt of the same, shall immediately manage procurement of the record i.e., police record and other necessary documents and after going through the contents of the petition he shall be ready on the first day of the hearing, instead of receiving the notice and delaying the disposal of the matter for two or three dates of hearing, which would add to difficulties and miseries of the persons in custody
Supreme Court directed that copy of this order be circulated to all the Advocates-on-Record by names in Islamabad, as well as at Branch Registries
Incharge Officer, to whom such petitions are presented, shall also ensure compliance of the above order.
Judgment & Decree
Notice to respondent for 1st July, 2009.
2. In view of the difficulties of the petitioners/accused confined in custody, it was ordered on administration side that before submitting bail petitions/appeals, a copy of the same would be handed over to Prosecutor against signatures, who would confirm the receipt of the same by acknowledgement, so he might arrange the record of the case on the date fixed for hearing, with a view to avoid delay in disposal of the cases, particularly, relating to bail before arrest and bail after arrest etc. but it seems that the instructions are not being followed strictly, as a result whereof the matters, which require urgent hearing, are being delayed. Therefore, in future all the learned Advocates-on-Record may be asked to hand over copies of the bail petitions to the Prosecutor General or his representative against the acknowledgement and the Prosecutor General on receipt of the same, shall immediately manage procurement of the record i.e. Police record and other necessary documents. After going through the contents of the petition he shall be ready on the first day of the hearing instead of receiving the notice and delaying the disposal of the matter for two/three dates of hearing which would add to difficulties and miseries of the persons who are in custody.
3. Copy of this order be circulated to all the Advocates-on-Record by names, in Islamabad as well as at Branch Registries. The Incharge Officer, to whom such petitions are presented, shall also ensure compliance of the above order. N.H.Q./M-85/S?????????????????????????????????????????????????????????????????????????????????? Order accordingly.