YLR 2006

2006 PLP 2058 (YLR)

ABDUL RASHID and 3 others — Petitioners Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
----S. 498---Protective bail, grant of---Petition moved by accused before Trial Court was dismissed for non prosecution as accused failed to appear before Trial Court and same was not dismissed on merits---Trial Court should have disposed of petition on merits---Bail petition filed by accused would be deemed to be pending---Accused would appear before Trial Court and their application would be decided on merits--Accused were granted protective bail till then.
Honorable Judges
Sh. Javaid Sarfraz, J
Case Reference Summary (AEO Optimized)
Citation 2006 PLP 2058 (YLR)
Forum / Court Lahore
Bench Members Sh. Javaid Sarfraz, J
Parties ABDUL RASHID and 3 others — Petitioners 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 2006 PLP 2058 (YLR)?

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

Q2: Which judicial bench decided the case 2006 PLP 2058 (YLR)?

The case was heard and decided by the Lahore bench comprising: Sh. Javaid Sarfraz, J.

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

Cite this legal precedent as: 2006 PLP 2058 (YLR) (ABDUL RASHID and 3 others — Petitioners 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)

Headnotes / Summary

Tahir Hussain and anther v. The State 1994 PCr.LJ 2490 ref. Ch. Zulfiqar Ali Sidhu with Petitioners.

Judgment & Decree

SH. JAVAID SARFRAZ, J.--Submits that the petitioners namely Abdul Rashid, Ali Ahmad, Mehboob Alam and Muhammad Ayub, are the nominated accused in case bearing F.I.R. No.394 of 2005, dated 5-9-2005, under sections 302/ 324/148/149, P. P. C . , registered at Police Station Yousafwala, District Sahiwal. It is contended that they moved bail petition before the learned Sessions Judge, Sahiwal, which was dismissed by the learned Additional Sessions Judge, Sahiwal, on 26-9-2005, for non-prosecution as the petitioners did not appear. Further submits that the bail petition should have been disposed of on merits. Relies on Tahir Hussain and anther v. The State (1994 PCr.LJ 2490 [Lahore]).

2. Perusal of the order dated 26-9-2005 reveals that the bail petition was dismissed for non-prosecution as the petitioner failed to appear before the learned Additional Sessions Judge, however, he should have disposed of the petition on merits. Accordingly, their bail petition before the learned Additional Sessions Judge shall be deemed to be A pending and the petitioners shall appear before him on 8th October, 2005, who shall decide their bail petition on merits, however, the petitioners are granted protective bail till 8-10-2005 subject to their bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of learned Additional Sessions Judge, Sahiwal. Copy dasti. H.B.T./A-615/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.