Case Details

Citation(s)
2004 SLG 2420 2004 SLD 2420 2004 PCRLJ 500
Lahore High Court
Criminal Miscellaneous No. 1165 of 2003, decided, on 20th November, 2003
SH. HAKIM ALI, J
Ch. Muhammad Amjad Khan for Petitioner. Kamran Ahmad Somra for the State

SHERA

VS

THE STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Bail, refusal of---Accused was involved in more than eleven cases of the like nature and in some cases he even stood convicted and sentenced, but he did not leave his profession and continued with the same in an obstinate manner---Court even in the offences which did not fall within the prohibitory clause of S.497(1), Cr.P.C. and were bailable, had the jurisdiction to refuse bail if such course of action was compulsive in nature and required to be adopted in such case---Accused was a habitual offender and the-repetition of the offence had marred the fate of his case---Concession of bail could not-be extended to the accused who had bad record to his score especially in cases where such concession was going to be misused---Bail was declined to accused in circumstances. Afzaal Ahmad v. The State 2003 SCMR 573 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Refusal of bail in bailable offence---Court even in the offences which do not fall within the prohibitory clause of S.497(1), Cr.P.C. and are bailable, has jurisdiction to refuse bail of such course of action is compulsive in nature and requires to be adopted in such case--­Concession of bail cannot be extended to a person having bad record to his score especially-in those cases where the same is going to be misused. Afzaal Ahmad v. The State 2003 SCMR 573 ref. ORDER Persistent in action, obdurate in performance, reluctant to repent, the petitioner, with all these characteristics to his score, has knocked the door of this Court for grant of concession of bail after-arrest in case F.I.R. No.423 of 2003, registered on 16-9-2003 with Police Station City Sadiqabad under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 197-9, after, having failed to get the concession from the learned Magistrate on 4-10-2003 and from the learned Additional Sessions Judge, Sadiqabad on 15-10-2003. 2. The learned counsel for the petitioner submits that the petitioner was involved in the case on the basis of alleged confession made…
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