| Citation(s) |
|---|
| 2022 SLG 1858 2022 SLD 1858 2022 PLJ 47 |
Lahore High Court
Crl. A. No. 75131 of 2019, heard on 30.9.2021. hearing date: 30.9.2021.
MISS AALIA NEELUM AND FAROOQ HAIDER, JJ.
Mian Pervaiz Hussain, Advocate for Appellant. Mr. Muhammad Moeen Ali, Deputy Prosecutor General for State.
Crl. A. No. 75131 of 2019, heard on 30.9.2021. hearing date: 30.9.2021.
MISS AALIA NEELUM AND FAROOQ HAIDER, JJ.
Mian Pervaiz Hussain, Advocate for Appellant. Mr. Muhammad Moeen Ali, Deputy Prosecutor General for State.
MAZHAR ABBAS
VS
STATE and another
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 409,420,467,468,471
Law: Prevention of Corruption Act, 1947
Section: 5(2)
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 409, 420, 467, 468 471--Prevention of Corruption Act, 1947, S. 5(2)--Bail, grant of--Allegation ofs got transferred Government land by preparing forged and factious documentss are though named in crime report yet no role whatsoever for demanding, receiving or extorting even a single penny from any corner has been brought on record--Though there was allegation of preparing and using forged documents in getting allotted state land yet no forensic report is available on record in this regard and as such, application of Section 467, PPC to facts and circumstances of case shall be taken into consideration by trial Court after recording evidence--Remaining offences with which petitioners have Section 497, Cr.P.C. The petitioners were arrested! in this case and during investigation no incriminating material could be recovered from thems are behind bars and their physical custody is no; required to police for further investigation and] thus, no purpose would be served by keeping them behind bars for an indefinite period--It is a need of hour that public property/asset shall not be disposed of in such a cursory manner rather a policy for open auction should be promulgated in order to avoid on one hand any unfairness or discrimination at hands of Executives and on other to safeguard interest of public property. M/s. Sardar Khurram Latif Khan Khosa, Tahir Mehmood and Sh. Tanveer Ahmad, Advocates for Petitioner. Rana Asif Saeed, Advocate for Petitioner. (Crl. Misc. No. 5759-B/21) Malik Muhammad Tariq Nonari, Advocate for Petitioner. (Crl. Misc. No. 6650-B/21) Mr. Ishfaq Ahmad Malik, Deputy Prosecutor General alongwith Muhammad Imran Khurshid, CO/ACE for Respondents. hearing date: 20.10.2021. JUDGMENT Farooq Haider, J.--Through instant criminal appeal, Mazhar Abbas (appellant) has assailed the judgment dated: 30.11.2019 passed by learned Judge Anti-Terrorism Court-III, Lahore, whereby in case arising out of F.I.R. No. 1041/2019, dated: 29.06.2019 registered under Sections: 363 PPC (subsequently offence under Section 365-A, PPC read with Section 7 of Anti-Terrorism Act, 1997 were…
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