YLRN 2018

2018 PLP 204 (YLRN)

MUNAWAR HUSSAIN — Petitioner Versus The STATE — Respondent

Jurisdiction / Court
Gilgit-Baltistan Chief Court
Decided Date
Criminal Miscellaneous No.87 of 2017, decided on 21st June, 2017.
Honorable Judges
Malik Haq Nawaz and Muhammad Umar, JJ
Case Reference Summary (AEO Optimized)
Citation 2018 PLP 204 (YLRN)
Forum / Court Gilgit-Baltistan Chief Court
Bench Members Malik Haq Nawaz and Muhammad Umar, JJ
Parties MUNAWAR HUSSAIN — Petitioner Versus The STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2018 PLP 204 (YLRN)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2018 PLP 204 (YLRN)?

The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: Malik Haq Nawaz and Muhammad Umar, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2018 PLP 204 (YLRN) (MUNAWAR HUSSAIN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Abdul Khaliq for Petitioner.

Headnotes / Summary

Ss. 498-A & 561-A

Penal Code (XLV of 1860), Ss.395, 365, 440, 186, 109, 148 & 149

Anti-Terrorism Act (XXVII of 1997), S.7

Robbery, kidnapping or abduction with intent to secretly and wrongfully confine person, mischief, obstructing public servant in discharge of public functions, abetment, rioting, act of terrorism

Ad interim protective bail, grant of

Chief Court, without commenting on merits/demerits of the case, allowed ad interim protective bail to the accused to enable him to surrender before the court of competent jurisdiction subject to furnishing of bail bonds in the sum of Rs.10,0000 with two reliable sureties in the like amount

Order accordingly. [Paras. 3 & 4 of the judgment]

Judgment & Decree

MALIK HAQ NAWAZ, J.

The instant petition has been moved under section 498, Cr.P.C., for grant of ad interim protective bail in case registered against him vide FIR No. 188, under sections 395/365/440/186/109/148/149 and 16 M.P.O. read with section 7 of Anti-Terrorism Act, 1997 at Police Station Mandi Baha-ud-Din.

2. The learned counsel for the petitioner contends that the case is one of the political rivalry and victimization and a tailored made false and concocted story has been put forth by the complainant, who is his sworn enemy because of their long standing litigation in political field. The petitioner is a respectable person and his arrest would amount to his utter humiliation in the eyes of public as arrest is considered a stigma in their area of abode. The mala fidies of local police and complainant is evident from the bare reading of the FIR.

3. Without commenting on the merits/demerits of the case, we allow ad-interim protective bail to the petitioner to enable him to surrender before the Court of competent jurisdiction at Mandi Baha-ud-Din subject to furnishing of bail bonds in the sum of Rs. 10,0000/- (Rupees one lac) with two reliable sureties each in the like amount to the satisfaction any Judicial Magistrate at Gilgit.

4. The petitioner will surrender before a Court of competent jurisdiction on or before 07-08-2017.

5. The Criminal Miscellaneous No.87/2017 is disposed of in limine in the above terms. HBT/205/GB Bail granted.