MLD 1989

1989 PLP 880 (MLD)

REHAN alias REHANNI‑‑Petitioner Versus THE STATE‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 383/13 of 1989, decided on 7th March, 1989.
Honorable Judges
Ijaz Nisar, J
Case Reference Summary (AEO Optimized)
Citation 1989 PLP 880 (MLD)
Forum / Court Lahore
Bench Members Ijaz Nisar, J
Parties REHAN alias REHANNI‑‑Petitioner Versus THE STATE‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 PLP 880 (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 1989 PLP 880 (MLD)?

The case was heard and decided by the Lahore bench comprising: Ijaz Nisar, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 PLP 880 (MLD) (REHAN alias REHANNI‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑

Representation

  • Muhammad Akram Qureshi for Petitioner.

Headnotes / Summary

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑ Bail, grant of‑‑Accused was behind bars for about last 15 months, but trial had not come to an end‑‑Delay in trial occurred on account of non‑production of accused; or because of absence of accused's counsel; and some times prosecution witnesses were not present and transfer of Presiding Officer of the Trial Court also contributed to the delay‑‑High Court, while dismissing bail application, directed Trial Court to conclude trial within six weeks positively failing which petitioner might apply for bail again. Muhammad Akram for the State.

Judgment & Decree

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑ Bail, grant of‑‑Accused was behind bars for about last 15 months, but trial had not come to an end‑‑Delay in trial occurred on account of non‑production of accused; or because of absence of accused's counsel; and some times prosecution witnesses were not present and transfer of Presiding Officer of the Trial Court also contributed to the delay‑‑High Court, while dismissing bail application, directed Trial Court to conclude trial within six weeks positively failing which petitioner might apply for bail again. Muhammad Akram Qureshi for Petitioner. Muhammad Akram for the State. It is contended that Rehan alias Rehani petitioner was arrested on 18‑12 1987 but his trial has not come to an end. A report was called from the learned trial Magistrate. According to him on some dates either the petitioner or his mother was not produced from the jail and on some dates his counsel was not present. The delay also took place because of the transfer of his predecessor seized of the case. Non‑presence of prosecution witnesses on some dates also contributed to the delay.

2. Keeping in view the above position, I direct the trial Magistrate to conclude the trial within six weeks positively and send a copy of the judgment to the Court through Registrar. The application is dismissed with the above direction. If for any reason not attributable to the petitioner the trial is not concluded within the above period the petitioner may apply for bail again. H.B.T./R‑131/L Petition dismissed/Order accordingly.