| Citation(s) |
|---|
| 2014 SLG 2073 2014 SLD 2073 2014 SCMR 743 |
Supreme Court of Pakistan
Criminal Petition No.240 of 2012, decision dated: 31st August, 2012 (Against the order dated 7-6-2012 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No.1496-B of 2012)
JAWWAD S. KHAWAJA, GULZAR AHMED AND MUHAMMAD ATHER SAEED, JJ
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Criminal Petition No.240 of 2012, decision dated: 31st August, 2012 (Against the order dated 7-6-2012 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No.1496-B of 2012)
JAWWAD S. KHAWAJA, GULZAR AHMED AND MUHAMMAD ATHER SAEED, JJ
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SALAMAT ALI alias CHAAMA
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)-------S. 497---Legal Practitioners and Bar Councils Act (XXXV of 1973), S. 41---Bail, refusal of---Bail sought on ground of statutory delay in conclusion of trial---Misconduct by counsel for accused---Progress of the case obstructed by counsel for accused---Accused condoning attitude of his counsel by retaining him---Effect---Counsel for accused appeared before Trial Court and adopted an attitude which hindered the administration of justice when he said that,. ---Contention on behalf of accused that to date testimony of even one witness had not been recorded in the case so far, was of little relevance considering the attitude of the counsel for accused---Trial Court had exercised extreme patience and restraint in the present case---Accused acting through and represented by his counsel had actually obstructed the progress of the case---Accused was still represented (at trial) by the same counsel---Accused by retaining the same counsel had, in effect, adopted and condoned the attitude of his counsel--- Supreme Court observed that a competent, diligent and ethical Bar was an indispensable component of the judicial system; that the system could not function properly if members of the Bar did not adhere to the code of conduct prescribed under the Legal Practitioners and Bar Councils Act, 1973---Bail petition was dismissed in circumstances and Supreme Court directed that a copy of present order should be sent to the Punjab Bar Council for disciplinary proceedings against the counsel in question, and another copy should be sent to the concerned Chief Justice of the High Court. Rahim Bux and others v. The State PLD 1986 Kar. 224 and Zahid Hussain Shah v. The State PLD 1995 SC 49 distinguished. Maqbool Elahi Malik, Advocate Supreme Court for Petitioner. Asjad Javed Ghural, Additional P.-G., Punjab for Respondent No.1. Munir Ahmed Bhatti, Advocate Supreme Court for Respondent No.2. Date of hearing: 31st August, 2012. ORDER JAWWAD S. KHAWAJA, J.---The petitioner seeks bail in the case F.I.R. No. 417 dated 20-6-2011 under sections 324, 427, 148, 149, 337-F(vi), P.P.C. registered at Police Station City Muridkaey, District Sheikhupura. The…
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