Case Details

Citation(s)
1996 SLG 1158 1996 SLD 1158 1996 SCMR 475
Supreme Court of Pakistan
Criminal Petition No. 37 of 1994, decision dated: 7-05-1994
SAIDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ

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FAUJI FOUNDATION through Secretary, Central Board of Directors

BAKHTIAR AHMED SYED and others

Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S.420/468/471/109/419/409/ 201/ 467---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art.185(3)---Cancellation of bail---Leave to appeal was granted to consider the contentions that neither Sessions Judge nor Special Judge (Central) Anti-Corruption had jurisdiction in the case as offences alleged against the accused being scheduled offences were triable exclusively by a Special Court constituted under Offences in Respect of Banks (Special Courts) Ordinance, 1984, which had already refused pre-arrest bail to the accused. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner has sought leave to appeal against the judgment of Lahore High Court, Rawalpindi Bench, dated 23-2-1994. Respondent No.l, who is accused in a case under section 420/468/ 471/109/419/409/201/467, P.P.C. read with section 5(2) of Prevention of Corruption Act 1947 (F.I.R. No.285 dated 2-7-1990) applied for bail before arrest before the Special Court (Offences in Respect of Banks), Lahore which was rejected by order dated 26-7-1992. Respondent No.1 after rejection of his application for pre-arrest bail by the Special Court (Offences in Respect of Banks) moved another application before the Special Judge (Central Anti-Corruption, Rawalpindi, on 2-8-1992 for grant of bail after arrest. This application was taken up by the Sessions Judge, Rawalpindi, and by order dated 4-8-1992 he admitted respondent No. l to interim bail on the ground that he was a patient of serious heart ailment, till such time his bail is confirmed by a competent Court. It appears that thereafter the matter was placed…
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