2018 PLP 1185 (MLD)
MUHAMMAD AQEEL — Petitioner Versus The STATE through FIA — Respondent
| Citation | 2018 PLP 1185 (MLD) |
| Forum / Court | Gilgit-Baltistan Chief Court |
| Bench Members | N/A |
| Parties | MUHAMMAD AQEEL — Petitioner Versus The STATE through FIA — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2018 PLP 1185 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 1185 (MLD)?
The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 1185 (MLD) (MUHAMMAD AQEEL — Petitioner Versus The STATE through FIA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Basharat Ali and Muhammad Iqbal for Petitioner.
Headnotes / Summary
S. 409
Prevention of Corruption Act (II of 1947), S. 5(2)
Criminal breach of trust by public servant, public servant committed misconduct
Direction to surrender before Trial Court and move fresh bail application
Accused was allowed bail by the Trial Court for two months on medical ground, with the direction to surrender before the Trial Court after completion of medical treatment
Accused did not turn up after completion of period of two months
Bail allowed to the accused was recalled by the Trial Court
Prosecution had alleged that accused was still under medical treatment
Keeping in view the circumstances that accused was still under medical treatment in a hospital and to secure the ends of justice, bail recalling order was suspended
Accused was directed to surrender himself before the Trial Court within a period of one month
Accused would be at liberty to move fresh bail petition before the Trial Court
Revision petition was disposed of accordingly.
Judgment & Decree
MALIK HAQ NAWAZ, J.
The brief facts of the case are that the petitioner is facing charges under section 409, P.P.C. and section 5(2) PCA-1947 on the basis of FIR No. 02/2015 of Police Station FIA Gilgit.
2. The petitioner was allowed bail on 29.3.2016 on medical grounds for a period of two months, with the directions to surrender before the Court after completion of medical treatment.
3. The case of the petitioner was fixed on 12.5.2016 and 19.5.2016 and he was marked absent on two consecutive dates. The bail facility allowed to the petitioner was recalled vide order dated 12.6.2016, which is impugned before this Court.
4. The learned counsel submitted at bar that the petitioner is chronic heart patient and has a long clinical history of his ailment, which is supported by the medical treatment and necessary documents are attached with the revision petition. Per learned counsel the petitioner is still under medical treatment at Karachi and the bail facility has wrongly been recalled by the learned Sessions Judge in a hasty manner.
5. The learned Dy. Attorney General opposed the petition and submitted that the petitioner has mis-used the concession of bail and did not surrender before the Court after completion of two months and the order of learned trial Court is well reasoned and justified.
6. I have gone through the order dated 29.3.2016 and of 21.6.2016. The accused was allowed two month's time on 29.3.2016 and his case was fixed for 12.5.2016 but he did not turn up. The case was fixed for 19.5.2016 but again he failed to appear before the Court and bail facility was re-called. To secure the ends of justice I suspend the order of learned Sessions Judge dated 21.6.2016. The petitioner/accused will surrender before the learned trial Court within a period of one month and he will be at liberty to move a fresh bail application before the learned trial Court if so advised.
7. The learned trial Court will dispose of the petition on merits without being influenced by any observation made in this order.
8. With the above observations the revision petition is disposed of. File. JK/116/GB Order accordingly.