2001 PLP 1231 (MLD)
SAIFULLAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2001 PLP 1231 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | SAIFULLAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 1231 (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 2001 PLP 1231 (MLD)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1231 (MLD) (SAIFULLAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Haji Miran Malik for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 379/411‑‑‑Bail, grant of‑‑ F.I.R. had been lodged with a delay of two months‑‑‑Alleged theft had remained unwitnessed‑‑‑Buffalo in question had been recovered by the police jointly from eight accused persons‑‑‑Case against the accused, prima facie, appeared to be one of under S.411, P.P.C. which provision of law did not attract the prohibitory clause contained in S.497(1), Cr.P.C.‑‑‑Challan had already been submitted after completion of investigation and the accused had already spent about seven months in jail‑‑‑Case against the accused called for further inquiry into his guilt‑‑‑Accused was entitled to grant of bail in circumstances. Mrs. Rukhsana Tabassum for the State.
Judgment & Decree
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss. 379/411‑‑‑Bail, grant of‑‑ F.I.R. had been lodged with a delay of two months‑‑‑Alleged theft had remained unwitnessed‑‑‑Buffalo in question had been recovered by the police jointly from eight accused persons‑‑‑Case against the accused, prima facie, appeared to be one of under S.411, P.P.C. which provision of law did not attract the prohibitory clause contained in S.497(1), Cr.P.C.‑‑‑Challan had already been submitted after completion of investigation and the accused had already spent about seven months in jail‑‑‑Case against the accused called for further inquiry into his guilt‑‑‑Accused was entitled to grant of bail in circumstances. Haji Miran Malik for Petitioner. Mrs. Rukhsana Tabassum for the State. Through this petition Saifullah petitioner has sought post‑arrest bail in case F.I.R, No. 783 registered at Police Station Malakwal, District Mandi Bahauddin on 10‑11‑1999 for offences under sections 379/411, P. P. C.
2. After hearing the learned counsel for the parties and going through the record it has‑been noticed that the F.I.R. in this case had been lodged with a delay of two months. The alleged theft in this case had admittedly remained unwitnessed. The buffalo in question had been recovered by the' police jointly from eight accused persons. At worst the case in hand prima A facie appears to be one of section 411, P.P.C. against the present petitioner and the said penal provision does not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. A challan in this case has already been submitted after completion of investigation. The petitioner has already‑ spent about seven months in jail in connection with this case.
3. For what has been observed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail 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‑221/L Bail granted.