2020 PLP 1258 (SCMR)
Dr. ABDUR RAUF — Petitioner Versus The STATE through D.A.G. — Respondent
| Citation | 2020 PLP 1258 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik and Sardar Tariq Masood, JJ |
| Parties | Dr. ABDUR RAUF — Petitioner Versus The STATE through D.A.G. — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 1258 (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 2020 PLP 1258 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1258 (SCMR) (Dr. ABDUR RAUF — Petitioner Versus The STATE through D.A.G. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Appeal against the judgment dated 11.03.2019 passed by the Peshawar High Court, Peshawar in Criminal M/B.A. No. 502-P of 2019)
S. 497
Penal Code (XLV of 1860), Ss. 419, 420, 468 & 471
Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document
Offences alleged against the accused fell outside the prohibitory clause of S. 497, Cr.P.C.
Accused was behind bars for more than three months and nothing was to be recovered from him
In such like cases, grant of bail was a rule and refusal an exception
Petition for leave to appeal was converted into appeal and allowed and accused was allowed bail. Sajid Ilyas Bhatti, Additional A.G. for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Impugned herein is the order dated 11.03.2019, whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No.12 dated 24.01.2019, offence under sections 419, 420, 468, 471, P.P.C., registered at Police Station FIA/ACC, Peshawar.
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that the offences alleged against the petitioner fall outside the prohibitory clause of section 497, Code of Criminal Procedure. The petitioner is behind the bars since 21.01.2019 and nothing is to be recovered from him. In such like cases, grant of bail is a rule and refusal an exception.
3. For the foregoing, the instant petition is converted into an appeal and the same is hereby allowed. The appellant-Dr. Abdur Rauf is allowed bail (in the instant FIR) subject his furnishing bail bond in the sum of Rs.100,000/- (one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court. MWA/A-28/SC Bail granted.