2001 P Cr (PLP)
GHULAM ABBAS ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Dr. Munir Ahmad Mughal, J |
| Parties | GHULAM ABBAS ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 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 2001 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Dr. Munir Ahmad Mughal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (GHULAM ABBAS ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Murtaza Ali Zaidi for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497(1), third proviso, cl.(a)‑‑‑Penal Code (XLV of 1860), Ss.367/324/ 334/337‑F(iv)/148/149‑‑‑Bail on the ground of statutory delay‑‑‑None of the offences with which the accused was charged was punishable with death‑‑ Accused was in detention for a continuous period of 22 months, i.e. exceeding one year and his trial had not so far concluded‑‑‑No allegation of the accused being a hardened, desperate or a dangerous criminal or involved in terrorist activities was on record‑‑‑Accused was granted bail in circumstances. Tariq Mehmood Chaudhry for the State
Judgment & Decree
5. I have given due consideration to the valuable arguments on both sides.
6. Without touching the merits of the case the tentative assessment shows firstly that the petitioner is accused of offence under sections 367/324/ 337‑F(iv)/148/149, P.P.C. none of which is punishable to the death. Secondly, he is detained in the said offences for a continuous period of 22 months (i.e. exceeding one year). Thirdly, the trial for such offence has not concluded. Fourthly, there is no allegation of the accused being hardened desperate or dangerous criminal, or involved in terrorist activities. The law applicable to such a case is contained in clause (a) of third proviso to subsection (1) of section 497 of the Code of Criminal Procedure 1898 (V of 1898), which reads as under:‑‑ Section
497. When bail may be taken in case of non‑bailable offence. (1) When any person accused of any non‑bailable offence is arrested or detained without warrant by an Officer‑in‑Charge of a Police Station, or appears or is brought before a Court, ‑he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years: Provided ....... . .. Provided .......... . Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf, direct that any person shall be released on bail‑‑ (a) who being accused of any offence not punishable with death has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or (b) . Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism. (2) (3) (4) (5)
7. In the above circumstances, the petitioner is entitled to the grant of bail and he is granted bail subject to' his furnishing the bail bond in the sum 8 of Rs.2,00,000 (Rupees two lacs only) with two sureties in the like amount to the satisfaction of the trial Court. N.H.Q./G‑92/L Bail granted