Citation Name : 2008 PCrLJ 706 LAHORE-HIGH-COURT-LAHORE

Side Appellant : QAMAR SHAHZAD

Side Opponent : State

S.497---Penal Code (XLV of 1860), Ss.420 , 411 & 489-D---bail , refusal of---Recovery of incriminating articles had been effected from accused---Offence alleged against accused was of serious nature and recovery had also been effected from them---No mala fides of the police were manifest on the record---Plea of bail of accused was rejected---Prosecution, however was directed to complete the investigations expeditiously.



Citation Name : 2008 MLD 863 LAHORE-HIGH-COURT-LAHORE

Side Appellant : RANA BASHIR

Side Opponent : State

S.497---Penal Code (XLV of 1860), Ss.420 , 468 & 471---bail , grant of---bail had been granted to co-accused by the High Court---Case of accused was at par with co-accused who were granted bail ---Accused was allegedly only the marginal witness of agreement in question and was not the beneficiary of the transaction---Keeping accused in jail for an indefinite period would amount to punishment before the trial---Keeping in view the rule of consistency, accused was also entitled for the grant of bail .



Citation Name : 2008 MLD 376 LAHORE-HIGH-COURT-LAHORE

Side Appellant : MUHAMMAD SHARIF

Side Opponent : SAEE MUHAMMAD

S.497(5)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)---Penal Code (XLV of 1860), Ss.419, 420 , 468 & 34---Application for cancellation of bail ---Question involved in the case was as to whether 'Talaq' allegedly given by applicant to his wife, was made by him or not---Prima facie it seemed that Talaq deed was a forged document---Even otherwise they had never received the notice of Talaq allegedly issued by applicant and as per certificate issued by Secretary Union Council, no proceedings in that regard had taken place before the Union Council as required under the law---Marriage between the applicant and wife had not been denied---Matter was not a case of bail before arrest---bail granting order in favour of respondents passed by the Trial Court, was withdrawn and their bail was cancelled.


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