2007 P Cr (PLP)
SHAHBAZ ALI — Petitioner Versus SHAHBAZ SARFRAZ and another — Respondents
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHAHBAZ ALI — Petitioner Versus SHAHBAZ SARFRAZ and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 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 2007 P Cr (PLP)?
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: 2007 P Cr (PLP) (SHAHBAZ ALI — Petitioner Versus SHAHBAZ SARFRAZ and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Nisar Ahmad Kausar for Petitioner.
- Safdar Hussain Tarar for Respondents.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), Ss.420, 468 & 471
Application for cancellation of bail
Dismissal of application-Post-arrest bail was granted to accused on the grounds that prima facie, no authenticated document bearing signatures of allegedly executant had been sent for comparison; that factum of non-issuance of stamp paper as alleged by complainant was matter of record and could be decided during trial and that offence under S.420, P.P.C. was bailable while offences under Ss.468 & 471, P.P.C. were non-cognizable which required permission of Illaqa Magistrate and no such permission had been sought
Grounds on basis of which bail was granted to accused were neither factually nor legally correct
Record had shown that duly authenticated papers were sent for the comparison of signatures
Sections 468 & 471, P.P.C. were applied along with S.420, P.P.C. and in cases where cognizable and non-cognizable offences were applied together or provisions of Penal Code were attracted together, no permission of the Magistrate was required
No complaint was on record to the effect that accused had misused concession of bail
Once a bail was granted, it should be recalled only on exceptional grounds and it also would amount converting acquittal into conviction
Bail application to recall order of Additional Sessions Judge granting bail, was dismissed.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The learned counsel for the petitioner seeks cancellation of bail of respondent No.1 which was granted to him by the learned Additional Sessions Judge, Lahore vide his order, dated 3-2-2006 in F.I.R. No.353, dated 19-8-2005. The said F.I.R. was registered at Police Station Samanabad, Lahore under sections 420, 468 and 471, P.P.C.
2. According to the F.I.R. the allegation against the respondent was that he prepared in collusion with co-accused Muhammad Aamar, Muhammad Nawaz and Ch. Bilal Ahmad a forged document to sell.
3. According to the learned counsel for the petitioner the learned Additional Sessions Judge granted post-arrest bail against the law and facts of the case. The relevant portion of the impugned order reads as under:-- "From the perusal of record and above discussed facts, it reveals that prima facie, no authenticated document bearing the signatures of allegedly executant has been sent for comparison. The factum of non-issuance of stamp paper as alleged by the complainant is matter of record and can be decided during trial. The offence under section 420, P.P.C. is bailable while offence under sections 468 and 471 is not cognizable which requires permission by the Illaqa Magistrate and no such permission has been sought for to take up the investigation."
4. I have heard the learned counsel and also, perused the record. The above mentioned three grounds which won favour with the learned Additional Sessions Judge are neither factually nor legally correct. The record shows that duly authenticated papers were sent for the comparison of the signatures. Similarly, sections 468 and 471, P.P.C. were applied along with section 420, P.P.C. In such cases, where cognizable and non-cognizable offences are applied together or provisions of Pakistan Penal Code are attracted together no permission of the Magistrate is required. 2004 PCr.LJ 387.
5. However, there is no complaint that the respondent has misused the concession of bail. The Honourable Supreme Court of Pakistan has repeatedly observed that once a bail is granted, it should be recalled only on exceptional grounds and it also amounts converting acquittal into conviction Thus, this bail application to recall order of the learned Additional Sessions Judge dated 3-2-2006 is dismissed. H.B.T./S-218/L Application dismissed.