| Citation(s) |
|---|
| 2024 SLG 68 2024 SLD 68 2024 SCMR 209 |
Supreme Court of Pakistan
Criminal Petition No. 1294 of 2023, decided on 28th November, 2023. (Against the order dated 12 October 2023 passed by Lahore High Court Rawalpindi Bench Rawalpindi in Criminal Misc. No.2761-B of 2023)Date of hearing: 28th November, 2023.
Present: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ
Hassan Raza Pasha, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Agha Muhammad Ali, Advocate Supreme Court (on caveat) for
Respondent No. 2/Complainant.
Criminal Petition No. 1294 of 2023, decided on 28th November, 2023. (Against the order dated 12 October 2023 passed by Lahore High Court Rawalpindi Bench Rawalpindi in Criminal Misc. No.2761-B of 2023)Date of hearing: 28th November, 2023.
Present: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ
Hassan Raza Pasha, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Agha Muhammad Ali, Advocate Supreme Court (on caveat) for
Respondent No. 2/Complainant.
M TAIMOOR ALI---Petitioner
VERSUS
The STATE through P. G. Punjab and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 185(3)---Bail application dismissed as withdrawn---Subsequent/second bail application, filing of---Fresh grounds---Scope---Present criminal petition for leave to appeal had been filed against the impugned order of the High Court wherein it was recorded that the petitioner's counsel did not press the (bail) petition in order to approach the Supreme Court---As per counsel of petitioner (accused) this statement was made because earlier the matter had come before the Supreme Court in another petition which was disposed of by recording that petitioner's counsel did not press it for the time being; and that a fresh ground had accrued to the petitioner on which bail was sought---Held, that if a fresh ground had become available to the petitioner prior to the passing of the impugned order then counsel should not have withdrawn the petition, but insisted that the petition be decided on merits---Legal position on the present issue was by now well settled by the Supreme Court in the cases reported as Nazir Ahmad v. State (PLD 2014 Supreme Court 241) and Muhammad Aslam v. State (PLD 2015 Supreme Court 41)---At present stage counsel for petitioner stated he did not press present petition as he wanted to avail an alternate remedy---Accordingly present petition was dismissed as withdrawn. Nazir Ahmad v. State PLD 2014 SC 241 and Muhammad Aslam v. State PLD 2015 SC 41 ref. (b) Practice and procedure--- ----Repeated use of word 'august' before the Supreme Court of Pakistan or its alternative 'August Court'---Supreme Court observed that the Supreme Court is mentioned in the Constitution as the 'Supreme Court of Pakistan', without any prefix or adjective, and everyone should endeavour to abide by the descriptions mentioned in the Constitution. ORDER Qazi Faez Isa,…
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