2007 P Cr (PLP)
SALEH alias MUHAMMAD SALEH — Applicant Versus THE STATE — Respondent
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SALEH alias MUHAMMAD SALEH — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 P Cr (PLP) (SALEH alias MUHAMMAD SALEH — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.302, 109 & 34
Accused was admitted to protective bail by the High Court vide order dated 30-3-2007 for 10 days to. enable him to appear before the Trial Court for appropriate relief
Accused on the very next day on 31-3-2007 moved bail before arrest application before the Trial Court, on which the Court, instead of passing orders on said application, adjourned the matter for 13-4-2007 for hearing
Accused apprehended his arrest before being heard by the Trial Court
Validity.--Bail before arrest applications, were of urgent nature and interim pre-arrest bail was usually granted till application was heard on merits
Trial Court had overlooked such desirable course and no protection was given till the matter was adjourned for 13-4-2007 while calling police papers
Accused was extended protection till 13-4-2007, with direction to the Trial Court to hear and decide bail application on merits
Court was to treat bail before arrest matter on priority basis and extend interim relief till the application was heard on merits
Such matter ought to be disposed of expeditiously and a shorter date could be fixed while deciding bail before arrest matter.
Judgment & Decree
MUSHIR ALAM; J.
1. Granted.
2. Granted subject to all just exceptions.
3. Applicant Saleh alias Muhammad Saleh son of Muhammad Rajab involved in Crime No.4 of 2006, Police Station Ameenani for offences under sections 302, 109, 34, P.P.C. The applicant was admitted to protective bail by this Court vide order, dated 30-3-2007 for 10 days to enable him to appear before the learned Sessions Court for the appropriate relief. It is stated that the applicant immediately moved the bail before arrest application before the learned Sessions Judge, Dadu on 31-3-2007, which was transferred to the learned 1st Additional Sessions Judge, Dadu. It is stated by the learned counsel that learned 1st Additional Sessions Judge, Dadu instead of passing orders on the application, adjourned the matter for 13-4-2007 for hearing. It is stated that the applicant apprehends arrest before being heard by the learned trial Court. Before that date it is apprehended that the applicant will be taken into custody to face trial without his application being considered on merits. It may be observed that the bail before arrest applications are of urgent nature and interim pre-arrest bail is usually granted till application is heard on merits. It seems that the learned 1st Additional Sessions Judge, Dadu has overlooked such desirable course and no protection was given till the matter was adjourned for 13-4-2007 while calling police papers. In the circumstances, the applicant is extended protection till 13-4-2007. The learned trial Court is-directed to hear and decide the bail application on merits. For future guidance also given that the Court is to treat the bail before arrest matter on priority basis and extend interim relief till the application is heard on merits. It may be observed that such matter ought to be disposed of expeditiously and a shorter date may be fixed while deciding bail before arrest matter. The applicant has already furnished surety in earlier Bail Application No.S-163 of 2007, he shall continue to avail such protection on the same surety. H.B.T./S-23/K???????????????????????????????????????????????????????????????????????????????????? Order accordingly.