1989 P Cr (PLP)
Syed NASIR ABBAS‑‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Irshad Hassan Khan, J |
| Parties | Syed NASIR ABBAS‑‑Appellant Versus THE STATE‑‑Respondent |
| Primary Law | Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?
This judgment primarily cites: Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Irshad Hassan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (Syed NASIR ABBAS‑‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Amjad Hussain Syed for Appellant.
Headnotes / Summary
‑‑‑Ss. 497‑‑Emigration Ordinance (XVIII of 1979), S.17/22‑‑Bail before arrest, grant of‑‑Principal accused having already been bailed out, accused whose name otherwise not mentioned in F.I.R. was also entitled to concession of bail. Farooq Bedar, Addl. A. G. (under Court's direction) and Syed Niaz Ali Shah Standing Counsel for the State.
Judgment & Decree
Amjad Hussain Syed for Appellant. Farooq Bedar, Addl. A. G. (under Court's direction) and Syed Niaz Ali Shah Standing Counsel for the State. This is an application for bail before arrest under section 498 read with section 497, Cr.P.C. m case F.I.R. No.71, dated 5‑7‑1987, registered with Police Station F.I.A. (Passport Cell), Lahore, under section 17/22, Emigration Ordinance, 1979, against Mst. Nargis Begum, the sister of the petitioner and three others.
2. The prosecution story is that Mst. Nargis Begum had received an amount of Rs.2,27,500 from 18 persons on the pretext of arranging visas and employment‑‑for those persons in Saudi Arabia. During the course of investigation by the F.IA., the petitioner has also been implicated at the instance of Ahmad Din, Muhammad Latif, Muhammad Hussain, residents of Najo Chak, Tehsil Pasrur, District Sialkot.
3. Muhammad Zafar, S.I., F.I.A. who is associated in the investigation of this case, submitted that sufficient evidence exists on the record in the form of statements of four witnesses recorded on 18‑11‑1987, who alleged that the petitioner also accompanied the co‑accused Nargis Begaim, Asghari Begum, Shaukat Ali and Muhammad Sadiq on different dates when the amount was collected by all the co‑accused.
4. Syed Niaz Ali Shah, the learned Standing Counsel and Mr. Farooq Bedar, have opposed the bail application also on similar grounds. On the other hand, Mr. Amjad Hussain Syed denied the allegations and states that the petitioner's name is not mentioned in the F.I.R. The witnesses, who allegedly deposed against the petitioner during the course of investigation made their statements on 18‑11‑1987, but this fact was not disclosed by the F.I.A. before this Court when the bail granted to the principal accused namely Mst. Narjis Begum was confirmed by this Court on 22‑11‑1982 in Criminal Miscellaneous No. 3040/B of 1987.
5. Be that as it may, since the principal accused has already been bailed out by this Court, the petitioner is also entitled to the concession of bail. The petitioner is, therefore, granted bail before arrest subject to his furnishing security in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Lahore. The petitioner is directed to join the investigation, if and when required by the F.I.A. H.B.T./N‑189/L Bail granted.