MLD 2005

2005 PLP 1402 (MLD)

SHAHBAZ KHAN — Petitioner Versus THE STATE-Respondent

Jurisdiction / Court
Lahore
Decided Date
2004-December-6
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2005 PLP 1402 (MLD)
Forum / Court Lahore
Bench Members N/A
Parties SHAHBAZ KHAN — 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 2005 PLP 1402 (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 2005 PLP 1402 (MLD)?

The case was heard and decided by the Lahore bench comprising: N/A.

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

Cite this legal precedent as: 2005 PLP 1402 (MLD) (SHAHBAZ KHAN — 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

  • Zafar Iqbal Chohan for Petitioner.

Headnotes / Summary

S. 497(2)

Penal Code (XLV of 1860), S. 406

Bail, grant of

Further inquiry

Allegation against accused was that two buffaloes given on Superdari to him had not been produced by him before concerned Authorities and had committed criminal breach of trust

Accused had maintained that said buffaloes had been stolen from his custody and that in respect of that theft he had already lodged F.I.R. for offence under S. 380, P.P.C.

Nothing was on record of investigation of said case to indicate that the case filed by accused was bogus, false and had been cooked up by accused as a pretext for not producing buffaloes before concerned Authorities--Case against accused, in circumstances had called for further inquiry into his guilt

Accused was admitted to bail, in circus stances.

Judgment & Decree

Through this petition Shahbaz Khan petitioner has sought post-arrest bail in case F.I.R. No.199 registered 'at Police Station Chenab Nagar, District Jhang on 9-6-2004 for an offence under section 406, P.P.C.

2. The allegation against the petitioner is that two buffaloes given on Superdari to him had not been produced by him before the concerned Authorities and, thus, he had committed criminal breach of trust. As against that the petitioner maintains that the said buffaloes had been stolen from his custody and in respect of that theft he has already lodged F.I.R. No.295 registered at Police Station Sadar Chiniot, District Jhang on 19-5-2004 for an offence, under section 380, P.P,C. The Investigating Officer of the above mentioned F.I.R. No.295 has appeared before this Court along with the record of investigation of that case and he has informed the Court that so far no progress has been made in the A investigation of that criminal case as the culprit involved in that case is a fugitive from law. Be that as it may, there is nothing available on the record of investigation of that criminal case to indicate that the said criminal case was bogus and false and that the same had been cooked up by the petitioner as a pretext or not producing the relevant buffaloes before the concerned Authorities. In this view of the matter the present case against the petitioner calls for further inquiry into his guilt. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./S-376/L Bail granted.