1987 PLP 853 (SCMR)
MUHAMMAD AKBAR VIRK‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 853 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Mian Burhanuddin Khan, JJ |
| Parties | MUHAMMAD AKBAR VIRK‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 853 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 853 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 853 (SCMR) (MUHAMMAD AKBAR VIRK‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Ali, Advocate Supreme Court with Mahmud Ahmad Qureshi, Advocate‑ on‑Record for Petitioner.
- Date of hearing: 10th January, 1987.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore, dated 28‑12‑1986 passed in Criminal Miscellaneous No. 1734‑B of 1986). ‑‑‑S. 497/498‑‑Penal Code (XLV of 1860), S. 409‑‑Prevention of Corruption Act (II of 1947), S. 5 (2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Bail‑‑Judicial discretion of High Court, exercise of‑ Petitioner allowed pre‑arrest interim bail by Special Judge‑‑Petitioner did not appear personally on date fixed for confirmation‑‑Bail cancelled‑ High Court rejected application on ground that proper course open to petitioner was to approach Special Judge again‑‑Order impugned‑ Supreme Court declined to interfere with judicial discretion exercised by High Court but granted accused ad interim bail so as to approach High Court again, if so advised. Nemo for the State.
Judgment & Decree
Date of hearing: 10th January, 1987. ASLAM RIAZ HUSSAIN, J.‑‑ Muhammad Akbar Virk petitioner is Deputy General Manager in the Pakistan Agricultural Storage and Services Corporation (PASSCO). He is accused of offence under section 409, P.P.C. and 5(2) of the Prevention of Corruption Act, 1947. He applied for bail before arrest to the relevant Judge Anti‑Corruption who granted him ad interim bail before arrest. He was, however, not able to be present on the date fixed for confirmation of the interim bail and instead produced a medical certificate, through his counsel, in support of the plea that he was unable to attend the Court due to illness. The learned trial Court however, felt that the said medical certificate was not genuine and therefore cancelled his pre‑arrest bail. The petitioner then applied for grant of pre‑arrest bail to the High Court and the matter was fixed before Mr. Justice Khizar Hayat who observed, inter alia, that:‑ "In the circumstances it would be appropriate if the bail petition is heard and decided by this Court." Thereafter the matter was fixed before the Honble Chief Justice, Lahore High Court who was pleased to dismiss the bail application with the following observation:‑ "Therefore, the proper course open to petitioner is to approach the Special Judge (Central) again where all these points can be urged." The petitioner has filed the present petition for leave to appeal before this Court. His only request is that in view of the afore‑mentioned observation by Mr. Justice Khizar Hayat the High Court may itself hear the bail petition. Apparently he has apprehensions that the learned trial Court would be annoyed with him for not having appeared on the date fixed for confirmation of the pre‑arrest interim bail granted to him, specially because it had expressed the view that the medical certificate was not genuine.
2. We are afraid we are not inclined to interfere with the exercise of his judicial discretion by the Hon'ble Chief Justice of the Lahore High Court. If so advised the petitioner may approach his Lordship again, and make the request that he has made before us.
3. In the meanwhile, to enable him to approach the High Court, he is granted adinterim bail before arrest upto 15th of February, 1987, in the sum of Rs.10,000 with two sureties each in the like amount to the satisfaction of Registrar, Lahore High Court, Lahore. This disposes of this petition. M.I. /M‑67/S Order accordingly.