Lawyers in Islamabad

  PLJ 2024 Cr.C. 1219 [Lahore High Court, Lahore] Present: Farooq Haider, J. MUHAMMAD RAUF--Petitioner versus STATE, etc.--Respondents Crl. Misc. No. 16105-B of 2024, decided on 28.6.2024. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497 & 497(1)--Pakistan Penal Code, (XLV of 1860), S. 489-F--Post arrest bail--Allowed--Delay in conclusion of trial--Completion of statutory period--Petitioner was not previously convicted--Right to release on bail--No application of bar--Deputy Prosecutor General and learned counsel for complainant could not refer any material to show that petitioner is previously convicted offender for an offence punishable with death or imprisonment for life or to opine at this stage that petitioner is a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life--After completion of statutory period, if any adjournment has been obtained by accused, it does not disentitle him for grant of b...

  PLJ 2026 Cr.C. (Note) 119 [Lahore High Court, Lahore] Present: Muhammad Amjad Rafiq, J. MUHAMMAD HAFEEZ--Petitioner versus STATE etc.--Respondents Crl. Misc. No. 42260-B of 2025, decided on 17.9.2025. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Pre-arrest, bail, grant of--Allegation of--Dishonoured of cheque--Trial Court after recording of evidence--Petitioner has paid Rs. 20,00,000/- to complainant during proceeding in pending petition before lower Court which fact squarely makes his case that of further inquiry and question of further inquiry can be looked into even at pre-arrest bail stage--Granted pre-arrest bail to accused therein not only on grounds of mala fide , ulterior motives and abuse of process of law, but also on ground of further inquiry--While granting pre-arrest bail, merits of case can be touched upon by Court and question of further inquiry can also be stretched at this stage as well--Apparently pet...

  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 SC (Cr.C.) 70 [Appellate Jurisdiction] Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ. AZHAR PERVAIZ BUKHARI--Petitioner versus STATE and another--Respondents Crl. P.L.A No. 619-L of 2024, heard on 1.7.2024. (Against the order dated 04.03.2024 passed by Lahore High Court, Lahore in Crl. Misc. No. 4681-B of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 489-F--Pre-arrest bail--Dismissal of--Leave to appeal--The question whether cheque was issued towards fulfilment of an obligation within meaning of Section 489-F P.P.C. is a question, which is to be determined by Trial Court after recording of evidence--Petitioner has failed to establish any mala fide or ulterior motives on part of complainant--The plea taken by counsel for petitioner that cheque in question was stolen and an FIR thereof was registered by petitioner’s brother in law holds no merit because said FIR was found to be false after inv...

  PLJ 2026 Cr.C. (Note) 170 [Lahore High Court, Lahore] Present: Syed Shahbaz Ali Rizvi, J. MUHAMMAD ANSAR--Petitioner versus STATE etc.--Respondents Crl. Misc. No. 7500-B of 2026, decided on 28.04.2026. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Pre-arrest bail, grant of--Dishonoured of cheque--Further inquiry--During second investigation, statement of PW was also recorded by investigation officer, DSP yet he made swerving findings by finalizing investigation in this regard--This fact makes case of petitioner one of further inquiry into his guilt in light of which possibility of his false implication also cannot be ruled out--Petitioner is not a convicted person--He has already joined investigation and registration of a case for an offence punishable u/S. 489-F, PPC is not to be used as tool to recover subject amount--Complainant has not instituted a suit for recovery of amount in issue--In collective consideration of...

  PLJ 2021  Cr.C . (Quetta) 642 (DB) Present:  Naeem   Akhtar  Afghan and Abdul  Hameed   Baloch , JJ. Mst .  SABIHA--Appellant versus Dr.  AKBAR and 2 others--Respondents Crl .  Acq .  A. No. 397 of 2015, decided on 1.7.2019. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 417(2) & 249-A--Appeal against acquittal--It is an admitted fact that complainant has reported matter with police with delay of more than 10 hours without any plausible explanation, under such circumstances consultation and deliberation on part of complainant cannot be ruled out--Since FIR is always treated to be a corner stone of prosecution case to establish guilt against culprits involved in crime and it has got a very significant role to play--Any doubt in lodging of FIR and commencement of investigation gives rise to a benefit in favor of accused and FIR lodged after inquiry loses its evidentiary value-- Held:  It is settled principle of law tha...

  PLJ 2021 Islamabad 159 Present :  Lubna Saleem Pervez , J. KHALID NADEEM KIYANI--Petitioners versus I.G. POLICE, ISLAMABAD, etc.--Respondents W.P. No. 2667-Q of 2020, decided on 2.11.2020. Constitution of Pakistan, 1973-- ----Art. 199--Telegraph Act, (XIII of 1885), S. 25-D--Petition for quashment of FIR--Audio recording of petitioner--Threatening call--Non-completion of investigation--Non-submission of challan--Petitioner was on pre-arrest bail--Power of Court--Alternate remedy--Maintainability--Before submission of Police Challan it would be too early to exercise discretion for quashing FIR--Police has not arrested petitioner whose bail before arrest is also pending before Additional Sessions Judge, however, he has been included in investigation--Under law, an alternate remedy under Section 249-A is available to Petitioner before Magistrate, who has ample power to acquit accused on basis of report of Investigating Officer filed under Section 173 Cr.P.C--Instant writ petiti...