Case Details

Citation(s)
1991 SLG 1892 1991 SLD 1892 = 1991 PLD 391
Lahore High Court
Criminal Miscellaneous Nos. 4063/B, 4392/B of 1990 and 207/B of 1991, decided on 22nd January 1991.
IOzalil-ur-Rehman Ramday, J

GOHAR MAJID NOSHAHI---Petitioner

VERSUS

THE STATE---Respondent

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S. 392---Contempt of Court Act (LXIV of 1976), S.6---Bail-- Allegation of attempted armed robbery---First application of accused for bail was dismissed by Additional Sessions Judge "C" against which order, accused had approached High Court---Without disclosing the fact that his earlier bail application had been dismissed by another Additional Sessions Judge and without disclosing that he had moved the High Court for his release on bail, accused filed a fresh petition for bail in the Court of Session, which was entrusted to another Additional Sessions Judge "M" who released accused on interim bail after arrest the very next day of filing the bail petition-- Conduct of accused, held, was by itself sufficient to refuse any discretionary relief which he might be seeking from High Court---Counsel who had moved the second bail application before Additional Sessions Judge during the pendency of the petition before High Court was the same person who had filed the bail application before High Court--Record did not show that said counsel had taken the Additional Sessions Judge into confidence about the dismissal of an earlier bail application of the same accused by another Additional Sessions Judge or about the pendency of bail petition before the High Court----Such conduct of the counsel, held further, was condemnable ---Counsel had expressed sincere remorse; had withdrawn from the case; had tendered apologies and having had undertaken to be careful in future, High Court decided not to proceed against him with observation that such an act on the part of counsel was not only an act of gross professional misconduct but was also an act calculated to subvert the course of justice culpable under the Contempt of Court Act, 1976. [p. 396] A

(b) Criminal Procedure Code (V of 1898)---

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