2003 SCMR 919 (PLP)
ZAHEER AHMAD KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2003 SCMR 919 (PLP) |
| Forum / Court | High Court |
| Bench Members | Sh. Riaz Ahmad and Tanvir Ahmad Khan. JJ |
| Parties | ZAHEER AHMAD KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 SCMR 919 (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 2003 SCMR 919 (PLP)?
The case was heard and decided by the High Court bench comprising: Sh. Riaz Ahmad and Tanvir Ahmad Khan. JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 SCMR 919 (PLP) (ZAHEER AHMAD KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain Chhachhar, Advocate Supreme Court and Syed Abul Asim Jafri, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the order dated 5th June, 2000 of the Lahore High Court, Lahore in Criminal Miscellaneous No.3136/B of 2000).
S. 498
Penal Code (XLV of 1860), 5.324
Constitution of Pakistan (1973), Art, 185(3)
Accused was involved in a family dispute
Delay in lodging the F.I.R. was speaking for itself
Case for grant of pre-arrest bail was made out, in favour of accused-- Petition for leave to appeal was converted into appeal and allowed in circumstances and the accused was admitted to pre-arrest bail accordingly. M. Mazhar Sher Awan, A. A.-G. for the State. Date of heating: 13th November, 2000.
Judgment & Decree
SH. RIAZ AHMAD, J.
Through this petition for leave to appeal petitioner Zaheer Khan seeks pre-arrest bail in case F.I.R. No.166 of 2000 registered with Police Station. Sadar, Farooqabad under section 324, Pakistan Penal Code. The said relief was declined .by a learned Single Judge of the Lahore High Court in terms or order impugned herein. The precise allegation against the petitioner is that he fired twice with .30-bore pistol at complainant Naveed Aslam Khan in "Punchayet" but he luckily survived. Petitioner invoked the jurisdiction of the Lahore High Court for the grant of pre-arrest bail but the same was declined on the ground that the petitioner is named in the F. I. R. and a specific role has been attributed to him. We have heard the learned counsel for the petitioner at length and gone through the order impugned. It appears to be a family dispute and prima facie delay in lodging the F.I..R. speaks for itself. However, it would not proper at this stage to' comment upon the merits of the instant case, suffice ii to add that a case for the grant of pre arrest bail is, made out in favour of the petitioner, therefore, while converting this petition into appeal we allow the same with direction that the petitioner is admitted to pre-arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 with one surety in the like-amount to the satisfaction of the trial Court. Pre-arrest bail allowed.