Full Judgment Text & Judicial Ruling

1969 P Cr

1969 P Cr. L J 479

[Lahore]

Before Ataullah Sajjad, J

ASHFAQ AHMAD SHEIKH‑Petitioner

Versus

MUHAMMAD YAKUB BAJWA, SPECIAL RAILWAY MAGISTRATE, LAHORE --Respondent

Criminal Original No. 261 of 1968, decided on 18th November 1968.

Criminal Procedure Code (V of 1898), Ss. 91 & 499‑Bond with sureties‑Attestation as to fitness of surety by Legal Practitioner‑Word of lawyers ordinarily entitled to great consideration from Courts‑Lawyers failing to use due care in identifying sureties‑Do so at their own risk and such matter should attract serious notice of Bar Council.

Ashfaq Ahmad Sheikh for Petitioner.

ORDER

The report of the learned Magistrate has been perused. He states that he had earlier rejected the particular surety, as there were some rubbings with regard to the papers relating to the particulars of his property and he, therefore, rightly rejected the surety which was identified by the petitioner. The learned Magistrate has also said that he does not usually accept the attestation by lawyers. He has in this connection cited six examples where lawyers did not correctly identify the surety.

2. This is a matter which should attract the serious notice of the Bar Council. I may, however, observe that if some of the lawyers do not use due care in identifying sureties, they do so at their own risk. But there is no denying that they are members of a noble profession and their word is ordinarily entitled to great consideration from Courts. With these observations, the application is dismissed.

3. A copy of this order shall go to the learned Magistrate as well as the Bar Council.

Petition dismissed.

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