Lawyers in Islamabad

  PLJ 2025 Cr.C. 481 [Lahore High Court, Lahore] Present : Tanveer Ahmad Sheikh, J. MUHAMMAD MUDASIR SYED--Petitioner versus STATE and another--Respondents Crl. Misc. No. 15581-B of 2025, decided on 21.4.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail after arrest, dismissal of--Dishonoured of cheque--Offence under Section 489-F PPC was not attracting prohibitory clause contained under Section 497 of Cr.P.C and bail is normally allowed in such like cases, but at same time Honourable Superior Courts were pleased to hold in plethora of judgments that it is not a rule of universal application that bail should be allowed in each and every case not falling within prohibitory clause--Each case has to be seen in light of its own peculiar circumstances--The Court may refuse bail to an accused even in cases not falling within embargo, if exceptional circumstances of case so require--Petitioner deprived complainant of an amoun...

  PLJ 2025 Cr.C. (Note) 42 [Lahore High Court, Multan Bench] Present : Sardar Muhammad Sarfraz Dogar, J. SHAHID IQBAL--Petitioner versus STATE etc.--Respondents Crl. Misc. No. 10647-B of 2024, decided on 13.1.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Order XXXVII of Code of Civil Procedure, 1908--POST ARREST BAIL--Cheque of an amount of Rs. 45,10,000/--A cheques amounting to Rs. 45,10,000/- was issued by the petitioner, which as dishonored on its presentation--There was an agreement to sell between the petitioner and complainant and for the payment of amount, the petitioner issued the disputed cheque in favour of the complainant--Issuance of said cheque is a matter which requires further probe & inquiry, that can only be done by the Trial Court after recourse to evidence--Civil proceedings provide remedies under Order XXXVII of Code of Civil Procedure, 1908--The petitioner is behind the bars since the date of his...

PLJ 2018 SC 548 [Appellate Jurisdiction] Present:   Ejaz   Afzal   Khan &   Maqbool   Baqar , JJ. DR. SAMINA MATLOOB--Petitioner versus STATE through P.G. Punjab and another--Respondents Criminal Petition No. 1187 of 2017, decided on 3.1.2018. (Against the order  datod  30.10.2017 of the Lahore High Court, Bahawalpur Bench passed in  Crl . Misc. No. 2927-B of 2017-BWP.) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 322 & 34--Punjab Healthcare Commission Act, 2010--Bail before arrest confirmed--New-born baby died during delivery--Negligence--Domain of Commission--Delay of two months--Police investigating case did not apply for disinterment of body of newborn-babe to collect medical evidence in support of allegation--Belated charge and failure on part of investigating agency to  invastigate  case on proper lines, however, resulted in loss of evidence--Even if there...

PLJ 2018  Cr.C . 710 [ Lahore  High Court,  Multan  Bench] Present :  Sardar  Muhammad  Sarfraz   Dogar , J. HAFIZ GHULAM HAIDER--Petitioner versus STATE and another--Respondents Crl . Misc. No. 6438-B of 2017, decided on 13.11.2017. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 354 & 379--Pre-arrest bail--Grant of--Confirmed--Allegation of--Assaulted, outrage her modesty coupled with extortion--Inordinate delay in lodging FIR--As per FIR, no weapon of offence has been used by petitioner in order to give beat to complainant rather in MLC of injured/complainant it is written that blunt weapon has been used by petitioner, which smacks  mala fide  on part of complainant--Moreover, MLC was conducted after eight days of occurrence--Besides, complainant did not appear before Radiologist in order to strengthen her MLC which shows false implication of petitioner in this case--...

PLJ 2018 Cr.C. 730 (DB ) [ Lahore  High Court,  Multan  Bench] Present :  Sardar Muhammad Sarfraz Dogar and Asjad Javaid Ghural, JJ. MUHAMMAD HUSSAIN--Petitioner versus STATE, etc.--Respondents Crl. Misc. No. 5485-B of 2017, decided on 6.12.2017. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest allowed--Statutory ground--Allegation of recovery of 10-plastic packets of opium weighing one kilogram each and one packet of 500 grams of opium--Co-accused who driving jeep, lead to recovery of same quantity--Total recovery of 21-Kg--Charge frame but PW’s did not attend Court even issuance of Non-bailable warrants--Delay in conclusion trial not on part of accused--Bail allowed.                                  ...

PLJ 2018 Cr.C. 806 [ Islamabad  High Court,  Islamabad ] Present :  Aamer Farooq, J. TUFAIL AHMED KHAN and 4 others--Petitioners versus STATE and another--Respondents Crl. Misc. No. 109-B of 2018, decided on 22.2.2018. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 170, 467, 411, 419 & 406--Pre-arrest bail--Bail bonds and surety--Lapse of two weeks--Failed to compliance--Admittedly, petitioners were granted ad-interim bail subject to furnishing bail bonds in sum of Rs. 20,000/- each with one surety each in like amount to satisfaction of Dy. Registrar (Judicial) of High Court--Petitioners despite lapse of almost two weeks; failed to comply with order of High Court--Bail granting order did not become operative inasmuch as it was subject to furnishing of bail bonds and surety in sum of Rs. 20,000/- each inasmuch under facts and circumstances, no Robkar/Certificate was issued by Court viz bail of petitioner--...

PLJ 2018 Sh.C. (AJ&K) 23 Present :  M. Tabassum Aftab Alvi, J. Mst . SOBIA SAGHIR--Petitioner versus STATE through Police Station Kotli and 2 others--Respondents Crl. Revision Petition No. 205 of 2016, decided on 15.12.2016. Bail-- ----At bail stage it is neither permissible nor desirable to make a deep scrutiny or minute study of evidence on record--At same  time,  Courts are not expected to make an order in vacuum. [P. 29] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Discretionary powers--Extraordinary relief on extra ordinary grounds--Discretionary powers in pre-arrest bail must be exercised with due care and caution especially in cases of heinous offences involving penalty of death or life imprisonment--It is worthwhile to observe here that powers available to Court under Section 498, Cr.P.C. are discretionary, which must be exercised with due care and caution especially in cases of heinous offences involving p...