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2001 YLR 707

Before Khawaja Muhammad Sharif SHAKEEL ASLAM vs THE STATE

Citation2001 YLR 707
CourtLahore High Court
Case No.Criminal Appeal No,152 of 1997
Date2001-05-31
Judge(s)Maulvi Anwar-ul-Haq
ResultAppeal dismissed

1. ' Briefly stated the facts of the case are that Shakeel Aslam, appellant being accused in a case F.I.R.

2. No,184 of 1995, filed a petition for anticipatory bail which was allowed. On 30-11-1995, he tiled an application for adjournment alongwith a medical certificate. The learned Additional Sessions Judge was on leave on 30-11-1995 and the case was taken up on 7-12-1995. Shakeel Aslam did not appear and his counsel filed a photocopy of the bed head ticket to state that accused was admitted in the Allied Hospital, Faislabad for treatment of renal colic. The bail petition was adjourned to 17-12-1995 and the bed head ticket was sent to the M.S. Allied Hospital as to genuineness of the ticket. A report was submitted by the M.S. Of the hospital stating that the documents are fake and Shakeel was never admitted in the hospital. The M.S. Also submitted that the accused be directed to provide a copy of the discharge slip. Shakeel Aslam, vide his statement recorded on 30-5-1995 stated that he was not in possession of discharge slip of Surgical Unit No,II.

3. The appellant was charge sheeted for offence under section 193, P.P.C. Read with section 476, Cr.P.C. The appellant denied the allegation and submitted that the report of the M.S. Was whimsical, devoid of inquiry and as to discharge slip it was maintained that it was not obtained by him being a private person. The learned Additional Sessions Judge after having gone through the file sentenced the appellant to undergo R.I. For three months under section 193, P.P.C. Vide order, dated 19-3-1997.

2. Learned counsel for the appellant was unable to point out any misreading of the evidence on record on the part of the learned Additional Sessions Judge so as to justify a view contrary to the view of learned trial Court. He submitted that no opportunity of hearing was given to the appellant.

4. This contention is devoid of force because a show-cause notice was given and the appellant submitted detailed reply to that. Even today, learned counsel not in a position to show the original of discharge slip to controvert the report submitted by the M.S. Allied Hospital. There is no merit in this appeal which is dismissed. The conviction and sentence recorded by the learned Additional Sessions Judge are maintained.

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