Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Petition for Special Leave to Appeal No. 416 of 1984, decided on 18th May, 1986.
(Against the judgment/Order, dated 30‑9‑1984 passed in Criminal Appeal No. 265 of 1981).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), Ss. 406, 409, 471 109‑ Prevention of Corruption Act (I1 of 1947), S. 5(2)‑‑Petition for leave to appeal‑‑Contention that person originally accused had been acquitted under S.249‑A, Criminal Procedure Code, and subsequently produced as prosecution witness and seven other persons who were also originally co‑‑accused in case were produced by prosecution in support of its case and they probably supported prosecution in order to get themselves exonerated‑‑Contention having force and matter requiring further consideration‑‑Leave granted.
Ch. Mahmudul Hassan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 18th May, 1986.
Petitioner seeks leave to appeal against the judgment of the High Court, dated 30‑9‑1984, dismissing his appeal in a case under sections 406, 409 and 471, P.P.C. read with section 109, P.P.C. and section 5 (2) of the Prevention of Corruption Act, 1947, and was sentenced inter alia to 2 years' R.I.
2. The main contention raised by the petitioner's counsel is that although the Manager of the Forms Press, who prepared the report Exh . P. C. was an accused person in the first instance but he was acquitted under section 249‑A, Cr.P.C. and was subsequently produced as a prosecution witness. He added that as a matter of fact as many as 7 other persons, who were also originally co‑accused in the case, have been produced by the prosecution in support of its case and that they were probably persuaded to support the prosecution case in order to get themselves exonerated.
3. We feel that the contention has force and the matter needs further consideration. Leave is, therefore, granted for the said purpose.
M. Y. H. Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer