2008 PLP 32 (MLD)
NINA — Petitioner Versus THE STATE and another — Respondents
| Citation | 2008 PLP 32 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NINA — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 32 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 32 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 32 (MLD) (NINA — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Abdul Waheed for Petitioner.
Headnotes / Summary
S. 499
Penal Code (XLV of 1860), Ss.371-A/372-B
Foreigners Act (XXXI of 1946), S.14
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Non-acceptance of bail bonds by Trial Court
After the order of her release on bail by the Magistrate when the accused submitted her bail bonds the same were not accepted by the Trial Court for the reason that during investigation Investigating Officer had also invoked S.14 of the Foreign Act, 1946, and Robkar for release of the accused only under Ss. 371-A and 372-B, P.P.C. could not be issued
Another ground on which the Magistrate refused to accept the bail bonds was that bail had been granted to accused under Ss. 371-A and 372-B, P.P.C. subject to her legal entry and stay in Pakistan and that she had already overstayed in the country
If S. 14 of the Foreigners Act, 1946, had been added in the array of offences, accused could make an application to the Special Judge (Central) for her bail
However, bail bonds could not have been refused merely for the reason that the aforesaid section had been invoked, as offences in which bail had been allowed remained triable by the Magistrate
Likewise if the accused had already overstayed in Pakistan against the Visa stipulations, the law would take care of such circumstance itself
Magistrate was directed to entertain the bail/surety bonds of the accused under Ss.371-A and 372-B, P.P.C. and to deal with the same strictly in accordance with law
Constitutional petition was disposed of accordingly.
Judgment & Decree
M. BILAL KHAN, J.
The petitioner had been allowed post-arrest bail by the learned Judicial Magistrate, section 30, Model Town, Lahore vide order, dated 17-9-2007, in case F.I.R. No.726 of 2007 registered at Police Station Sattokatla District Lahore on 12-9-2007, for offences under sections 371-A and 372-B, P.P.C.
2. It appears that during the course of investigation the Investigating Officer also invoked section 14 of the Foreigners Act, 1951 and when the petitioner submitted her bail bonds the same were not accepted by the learned trial Court for the reason that after section 14 of the Foreigners Act, 1951 had been invoked, Robkar for release of the accused only under sections 371-A and 372-B, P.P.C. could not be issued. Another ground which prevailed with the learned Judicial Magistrate for not accepting the bail bonds was that bail had been granted under sections 371-A and 372-B, P.P.C. subject to petitioner's legal entry and stay in Pakistan and that according to visa entry on the passport she had already overstayed in the country.
3. I have asked Mr. Muhammad Iqbal Chaudhry, the learned Deputy Prosecutor-General who was around in some other case to be of assistance. After examining the file he was of the view that non-acceptance of bail bonds in offences under sections 371-A and 372-B, P.P.C. was not warranted.
4. I have heard the learned counsel for the parties and have perused the documents appended with this petition.
5. If section 14 of the Foreigners Act, 1951 has been added in the array of offences, the petitioner can make an application to the Special Judge (Central), Lahore for her bail. However, bail bonds could not have been refused merely for the reason that the aforesaid section had been invoked, as offences in which bail had been allowed remain triable by the learned Magistrate. Likewise if the petitioner has already overstayed in Pakistan against the visa stipulations, the law will take care of that circumstance itself.
6. In this backdrop the learned Judicial Magistrate is directed to entertain the bail/surety bonds of the petitioner under sections 371-A and 372-B, P.P.C. and to deal with the "same strictly in accordance with law.
7. Disposed of in the terms noted hereinabove. N.H.Q./N'-91/L Petition accepted.